HomeMy WebLinkAboutAgenda Package - Palm Desert City Council - Regular Meeting_May23_2024
PALM DESERT CITY COUNCIL
MEETING AGENDA
Thursday, May 23, 2024
4:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and the Palm Desert Housing Authority. Pursuant to Assembly Bill 2449, this
meeting may be conducted as a hybrid meeting allowing public access via teleconference or in
person, and up to two Councilmembers may attend remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
www.palmdesert.gov under the “Council Agenda” link at the top of the homepage, or on
the City’s YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING:
If unable to attend the meeting in person, you may choose from the following options:
OPTION 1: VIA EMAIL
Send your comments by email to: CouncilMeetingComments@palmdesert.gov.
Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the
record and distributed to the City Council. Emails will not be read aloud at the meeting.
OPTION 2: LIVE VIA ZOOM
Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833
6744 9572.
1.
OPTION 3: LIVE VIA TELEPHONE
(213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.1.
Indicate that you are a participant by pressing # to continue.2.
During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City
Clerk to announce your name/phone number. Press *6 to unmute your line and limit your
comments to three minutes.
3.
Pages
1.CALL TO ORDER - 4:00 P.M.
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
Mayor Quintanilla
4.INSPIRATION
Mayor Pro Tem Harnik
5.AWARDS, PRESENTATIONS, AND APPOINTMENTS
5.a UPDATE: LIFT TO RISE 2024-26 ACTION PLAN
5.b PRESENTATION: PALM SPRINGS AIR MUSEUM EDUCATION
PROGRAM
11
5.c PROCLAMATION: NATIONAL PUBLIC WORKS WEEK
6.CITY MANAGER COMMENTS
7.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
8.NONAGENDA PUBLIC COMMENTS
This time has been set aside for the public to address the City Council on issues
that are not on the agenda for up to three minutes. Speakers may utilize one of
the three options listed on the first page of the agenda. Because the Brown Act
does not allow the City Council to act on items not listed on the agenda,
members may briefly respond or refer the matter to staff for a report and
recommendation at a future meeting.
9.CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine and may be
approved by one motion. The public may comment on any items on the Consent
Agenda within the three-minute time limit. Individual items may be removed by
the City Council for a separate discussion.
RECOMMENDATION:
To approve the consent calendar as presented.
9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
33
RECOMMENDATION:
Approve the Minutes of May 6, 7, and 9, 2024.
9.b APPROVAL OF WARRANT REGISTERS 51
RECOMMENDATION:
Approve various warrant registers issued during the period of December
2023 through May 2024.
City Council Meeting
May 23, 2024
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9.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES
103
RECOMMENDATION:
Receive and file application for alcoholic beverage licenses for:
1. California Fine Wine & Spirits, LLC (Total Wine & More) 72339 HWY 111
#339, Palm Desert
2. DDM Pizzeria Two, Inc (Blaze Pizza) 73393 HWY 111 Ste 2, Palm Desert
9.d ADOPTION OF ORDINANCE NO. 1414 ADDING SECTION 2.38.070 TO
THE PALM DESERT MUNICIPAL CODE TO ALLOW FOR THE
ELECTRONIC OR PAPER FILING OF CAMPAIGN FINANCE
DISCLOSURE STATEMENTS
111
RECOMMENDATION:
Adopt Ordinance No. 1414 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING
SECTION 2.38.070 TO THE PALM DESERT MUNICIPAL CODE
APPROVING ELECTRONIC AND PAPER METHODS OF FILING
CAMPAIGN FINANCE DISCLOSURE STATEMENTS.”
9.e DECLARATION OF SURPLUS PROPERTY AND AUTHORIZATION OF
DISPOSAL
117
RECOMMENDATION:
Declare the items listed on Attachment 1 of the staff report as surplus
property and authorize disposal as appropriate.
9.f APPROVAL OF THE VISIT GREATER PALM SPRINGS SECOND
AMENDED AND RESTATED JOINT POWERS AGREEMENT
121
RECOMMENDATION:
Approve and accept the updates to the Second Amended and
Restated Joint Powers Agreement (JPA) for Visit Greater Palm
Springs (VGPS).
1.
Authorize the Mayor and City Manager to execute all necessary
documents to effectuate this action.
2.
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May 23, 2024
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9.g APPROVE AMENDMENT NO. 3 TO CONTRACT NO. C41380 WITH
KIMLEY-HORN AND ASSOCIATES, INC., OF INDIAN WELLS,
CALIFORNIA, IN THE AMOUNT OF $310,000 FOR TRAFFIC
ASSESSMENTS AND DESIGNS
177
RECOMMENDATION:
Approve Amendment No. 3 to Contract No. C41380 with Kimley-
Horn and Associates, Inc., of Indian Wells, California, for additional
traffic engineering and design services in an amount not to exceed
$310,000.
1.
Authorize the City Attorney to make any necessary non-monetary
changes to the amendment.
2.
Authorize the City Manager or designee to execute the amendment
and to review and approve written contract amendment requests
per Section 3.30.170 of the Palm Desert Municipal Code for
unforeseen circumstances.
3.
9.h AWARD CONTRACT TO GAMETIME IN THE AMOUNT OF $157,490 FOR
IMPROVEMENTS AT CIVIC CENTER DOG PARK (PROJECT NO.
CFA00011)
189
RECOMMENDATION:
Waive any minor proposal irregularities and award a contract to
Playcore Wisconsin, Inc., dba GameTime of Fort Payne, Alabama,
in an amount not to exceed $157,490 for improvements at Civic
Center Dog Park.
1.
Authorize the Director of Finance to set aside a contingency in the
amount of $20,000 for unforeseen circumstances.
2.
Authorize the City Manager to review and approve change orders
for any unforeseen circumstances per Section 3.30.170 of
Ordinance No. 1392.
3.
Authorize the City Attorney to make any necessary, non-monetary
changes to the Agreement.
4.
Authorize the City Manager to execute said agreement and contract
amendments as needed to complete said work.
5.
9.i APPROVE CIVIC ENGAGEMENT COMMITTEE FISCAL YEAR 2024-2025
WORK PLAN
237
RECOMMENDATION:
Approve the Civic Engagement Committee’s Fiscal Year 2024/2025 Work
Plan.
City Council Meeting
May 23, 2024
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9.j ADOPT HOUSING AUTHORITY RESOLUTION ESTABLISHING DATES
FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING
COMMISSION DURING FISCAL YEAR 2024/2025
239
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE PALM DESERT
HOUSING AUTHORITY, SETTING THE SCHEDULE FOR REGULAR
MEETINGS OF THE PALM DESERT HOUSING COMMISSION IN FISCAL
YEAR 2024/2025.”
9.k AUTHORIZE AN AGREEMENT WITH GARLAND/DBS, INC., FOR ROOF
REPAIRS AND RELATED SERVICES AS PART OF THEIR “DRY ZONE”
PROGRAM BASED ON THE NATIONAL COOPERATIVE AGREEMENT
WITH OMNIA PARTNERS, INC.
245
RECOMMENDATION:
Authorize the use of Garland/DBS, Inc., for roof repairs and related
services as part of their “Dry Zone” program pursuant to Section
3.30.160(E) of the Palm Desert Municipal Code for Fiscal Year
2024/25 in an annual amount not to exceed $75,000 per fiscal year.
Each occurrence shall not exceed $3,500 per occurrence without
written approval of the Authority’s Representative or designee.
1.
Approve the agreement with Garland/DBS for a term of three (3)
years under the Omnia Partners, Inc., national cooperative
agreement R230401 with an option to renew the contract annually
for no more than two (2) additional one-year terms.
2.
Authorize the Executive Director, or his designee, to take any
necessary actions to facilitate execution of agreement with
Garland/DBS, Inc., and execute any documents necessary to
effectuate the actions taken herewith.
3.
9.l ACCEPTANCE OF A RESIGNATION FROM THE RESOURCE
PRESERVATION AND ENHANCEMENT COMMITTEE
279
RECOMMENDATION:
With regret, accept the resignation of Melinda Mason from the Resource
Preservation and Enhancement Committee.
City Council Meeting
May 23, 2024
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9.m AUTHORIZE THE USE OF QUILL, LLC., AND NATIONAL SERVICES
COMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF
OFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM
DESERT HOUSING AUTHORITY FOR FISCAL YEAR 2024/25
281
RECOMMENDATION:
Authorize the use of Quill, LLC, for the reoccurring purchase of
office supplies for the management of the Housing Authority
properties, by property management, pursuant to Section 3.30.160
(E) of the Palm Desert Municipal Code in an amount not to exceed
$58,600 or Fiscal Year 2024/25.
1.
Authorize the use of National Services Company dba Waxie
Sanitary Supply for the reoccurring purchase of janitorial and
sanitary supplies for the Housing Authority properties, by property
management, pursuant to Section 3.30.160 (E) of the Palm Desert
Municipal Code in an amount not to exceed $36,100 for Fiscal Year
2024/25.
2.
9.n AUTHORIZE THE USE OF LOWE’S HOME CENTERS, INC., HOME
DEPOT U.S.A., INC., HD SUPPLY FACILITIES MAINTENANCE, AND
SHERWIN WILLIAMS FOR PURCHASE OF MATERIALS, SUPPLIES,
PAINT AND APPLIANCES FOR PALM DESERT HOUSING AUTHORITY
PROPERTIES FOR FISCAL YEAR 2024/25
287
RECOMMENDATION:
Authorize the use of Lowe’s Home Centers, Inc., for the reoccurring
purchase of materials, supplies, and appliances, by property
management, pursuant to Section 3.30.160(E) of the Palm Desert
Municipal Code for FY 2024/2025 in an amount not to exceed
$230,000.
1.
Authorize the use of Home Depot U.S.A., Inc. for the reoccurring
purchase of materials and supplies, by property management,
pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code
for FY 2024/2025 in an amount not to exceed $60,000.
2.
Authorize the use of HD Supply Facilities Maintenance for the
reoccurring purchase of materials and supplies, by property
management, pursuant to Section 3.30.160(E) of the Palm Desert
Municipal Code for FY 2024/2025 in an amount not to exceed
$320,000.
3.
Authorize the use of The Sherwin-Williams Company for the
reoccurring purchase of paint and supplies, by property
management, pursuant to Section 3.30.160(E) of the Palm Desert
Municipal Code for FY 2024/2025 in an amount not to exceed
$80,000.
4.
Authorize the disposal and recycling of inefficient, damaged,
obsolete, and non-functioning appliances as appropriate in
accordance with Environmental Protection Agency (“EPA”)
standards and declare as surplus at the time of removal from the
properties.
5.
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May 23, 2024
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9.o RATIFY A LETTER OF SUPPORT FOR THE UNIVERSITY OF
CALIFORNIA, RIVERSIDE, 2024/25 CONGRESSIONAL COMMUNITY
PROJECT FUNDING REQUEST FOR A CRITICAL MINERALS
CHARACTERIZATION LABORATORY AT THE PALM DESERT CAMPUS
297
RECOMMENDATION:
Ratify a letter of support for the University of California, Riverside, 2024/25
Congressional Community Project Funding Request for a Critical Minerals
Characterization Laboratory at the Palm Desert Campus.
9.p RATIFY LETTERS OF OPPOSITION TO SENATE BILL 1037 (WIENER),
PLANNING AND ZONING: HOUSING ELEMENT: ENFORCEMENT; and
ASSEMBLY BILL 1886 (ALVAREZ), HOUSING ELEMENT LAW:
SUBSTANTIAL COMPLIANCE: HOUSING ACCOUNTABILITY ACT
301
RECOMMENDATION:
Ratify a letter of opposition to Senate Bill 1037 (Wiener), Planning
and Zoning: Housing Element: Enforcement.
1.
Ratify a letter of opposition to Assembly Bill 1886 (Alvarez),
Housing Element Law: Substantial Compliance: Housing
Accountability Act.
2.
9.q RATIFY LETTERS OF SUPPORT FOR COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS FUNDING REQUESTS UNDER THE
EXTREME HEAT AND COMMUNITY RESILIENCE PROGRAM
307
RECOMMENDATION:
Ratify a letter of support for the Coachella Valley Association of
Governments (CVAG) Cool Asphalt and Shading Plan and CV Link Mobile
Hydration Initiative funding requests to the Governor’s Office of Planning
and Research.
9.r AUTHORIZE OUT-OF-STATE TRAVEL FOR CITY MANAGER TO ATTEND
INTERNATIONAL COUNCIL OF SHOPPING CENTERS IN LAS VEGAS,
NEVADA
313
RECOMMENDATION:
Authorize out-of-state travel for the City Manager to attend the International
Council of Shopping Centers on May 18 through May 20, 2024, in Las
Vegas, Nevada.
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May 23, 2024
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9.s AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 3
TO EXCEL LANDSCAPE, INC., CORONA, CALIFORNIA, IN THE ANNUAL
AMOUNT OF $418,680 PLUS EXTRA WORK AND SERVICES FOR AN
ANNUAL AMOUNT NOT TO EXCEED $85,000 (PROJECT NO. MLS00010)
(CC, HA)
315
RECOMMENDATION:
Award a Contract for Landscape Maintenance Area No. 3 (LMA 3)
to Excel Landscape, Inc., of Corona, CA, in the annual amount of
$418,680.
1.
Authorize extra work and services in an annual amount not to
exceed $85,000.
2.
Authorize the Executive Director or designee to review and approve
written contract amendment and change order requests for
unanticipated conditions per Section 3.30.170 of the Palm Desert
Municipal Code.
3.
Authorize the Executive Director to execute the said agreement.4.
9.t APPROVE CONTRACT WITH AMERICAN ASPHALT SOUTH, INC., FOR
THE CV LINK ENHANCEMENTS AND SLURRY SEAL PROJECT
(PROJECT CST00021)
421
RECOMMENDATION:
Approve Contract No. C47160 in the amount of $3,048,952.10 to
American Asphalt South, Inc., of Riverside, CA, for the CV Link
Enhancements and Slurry Seal Project (Project No. CST00021).
1.
Authorize the Director of Finance to set aside a contingency in the
amount of $305,000.
2.
Authorize the City Attorney to make any necessary non-monetary
changes to the agreement.
3.
Authorize the City Manager to execute the agreement.4.
Authorize the City Manager to review and approve written requests
for the use of contingency per Section 3.30.170B of the Palm
Desert Municipal Code.
5.
Authorize the Mayor to execute the Notice of Completion (NOC)
and the City Clerk to file the NOC upon satisfactory completion of
the project.
6.
10.ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time
limit. Speakers may utilize one of the three options listed on the first page of the
agenda.
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May 23, 2024
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10.a REQUEST FOR DIRECTION ON THE DINING DECK PROGRAM AND EL
PASEO IMPROVEMENT SCHEDULE AND ESTABLISH A LICENSE
AGREEMENT FOR USE OF THE RIGHT-OF-WAY
447
RECOMMENDATION:
Separate the El Paseo Street Rehabilitation project into two
separate projects to take place over two consecutive summers
beginning Summer 2024.
1.
Allow El Paseo dining deck operators to maintain current
operations through May 2025 subject to approval of an annual
temporary use permit with removal of the dining decks prior to
Phase Two of the El Paseo Street Rehabilitation project.
2.
Establish a License Agreement for dining deck use of the public
right-of-way.
3.
Provide direction on enforcement of design guidelines.4.
10.b REQUEST FOR DIRECTION ON PROJECT CST00002 WALK AND ROLL
PD (PHASE 3)
565
RECOMMENDATION:
Provide direction on Project CST00002 – Walk and Roll PD (Phase 3)
scope of work and approve staff recommendations as outlined in the staff
report.
10.c REQUEST FOR DIRECTION ON THE PALM DESERT COMMUNITY
GALLERY
569
RECOMMENDATION:
Provide staff with direction on the Palm Desert Community Gallery located
in the North Wing Building at Palm Desert City Hall.
10.d APPROVE A TWO-YEAR EXTENSION TO THE PALM DESERT POET
LAUREATE AGREEMENT
577
RECOMMENDATION:
Approve a two-year extension to the Palm Desert Poet Laureate
Agreement with Lori Davis.
11.PUBLIC HEARINGS
The public may comment on individual Public Hearing Items within the three-
minute time limit. The applicant or appellant will be provided up to five minutes
to make their presentation. Speakers may utilize one of the three options listed
on the first page of this agenda.
None.
12.INFORMATION ITEMS
13.ADJOURNMENT
City Council Meeting
May 23, 2024
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14.PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the
designated office for inspection of records in connection with this meeting is the
Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert. Staff reports for all agenda items considered in open session, and
documents provided to a majority of the legislative bodies are available for
public inspection at City Hall and on the City’s website at www.palmdesert.gov
by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to
comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, or in meetings on a regular basis, you
will need special assistance beyond what is normally provided, the city will
attempt to accommodate you in every reasonable manner. Please contact the
Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to
inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby
certify, under penalty of perjury under the laws of the State of California, that the
foregoing agenda for the Palm Desert City Council, Successor Agency for the
Palm Desert Redevelopment Agency, and Housing Authority, was posted on the
City Hall bulletin board and City website www.palmdesert.gov no less than 72
hours prior to the meeting.
/S/ Níamh M. Ortega
Assistant City Clerk
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May 23, 2024
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Study Session of the Palm Desert City Council (CC), Successor Agency to the Palm
Desert Redevelopment Agency (SARDA), and Housing Authority (HA)
Minutes
May 6, 2024, 1:00 p.m.
Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly,
Councilmember Gina Nestande, Councilmember Evan Trubee,
Mayor Karina Quintanilla
Pursuant to Assembly Bill 2449, this meeting was conducted by teleconference and there was
in-person public access to the meeting location.
1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor
Quintanilla on Monday, May 6, 2024, at 1:00 p.m. in the Council Chamber, City Hall,
located at 73-510 Fred Waring Drive, Palm Desert, California.
2. STUDY SESSION TOPICS
2.a FISCAL YEAR 2024-25 BUDGET STUDY SESSION – PRESENTATION OF
PROPOSED FINANCIAL PLAN AND FIVE-YEAR CAPITAL IMPROVEMENT
PROGRAM
Finance Director Chavez narrated a PowerPoint presentation and responded to
City Council inquiries. Department directors also reviewed special fund budgets
as follows:
• Desert Willow Golf Course - General Manager White
• Fire Services - Public Works Director Alvarez, and CalFire Chief Beverlin
• Palm Desert Aquatic Center - Community Facilities Manager Muir
• Library - Director of Library Services Shaffer
• Economic Development - Economic Development Director Ceja
• AIPP, Recycling - Economic Development Deputy Director Lawrence
• Housing - Housing Manager Gonzales
• Law Enforcement - Assistant City Manager Escobedo
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Palm Desert City Council Meeting Minutes
May 6, 2024
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3. ADJOURNMENT
The City Council adjourned the Study Session at 3:00 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
34
Study Session of the Palm Desert City Council (CC), Successor Agency to the Palm
Desert Redevelopment Agency (SARDA), and Housing Authority (HA)
Minutes
May 7, 2024, 10:00 a.m.
Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly,
Councilmember Gina Nestande, Councilmember Evan Trubee,
and Mayor Karina Quintanilla
Pursuant to Assembly Bill 2449, this meeting was conducted by teleconference and there was
in-person public access to the meeting location.
1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor
Quintanilla on Tuesday, May 7, 2024, at 10:00 a.m. in the Council Chamber, City Hall,
located at 73-510 Fred Waring Drive, Palm Desert, California.
2. STUDY SESSION TOPICS
2.a CONTINUATION OF MAY 6 STUDY SESSION: FISCAL YEAR 2024-25
BUDGET STUDY SESSION – PRESENTATION OF PROPOSED FINANCIAL
PLAN AND FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
Finance Director Chavez narrated a PowerPoint presentation relative to the
General Fund and responded to City Council inquiries. The following staff
members presented an overview of their department budgets:
• Assistant City Manager Escobedo
• Human Resources Manager Staehle
• City Clerk Mejia
• Public Affairs Manager Soule
• Economic Development Director Ceja
• Economic Development Deputy Director Lawrence
• Information Systems Manager Von Helf
• Capital Projects Director Culpeper
• Development Services Director Cannone
• Public Works Director Alvarez
• Operations Manager Cepeda
• Public Works Deputy Director Chavez
• Community Facilities Manager Muir
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Palm Desert City Council Meeting Minutes
May 7, 2024
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3. ADJOURNMENT
The City Council adjourned the Study Session at 12:15 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
36
1
Study Session of the Palm Desert City Council (CC), Successor Agency to the Palm
Desert Redevelopment Agency (SARDA), and Housing Authority (HA)
Minutes
May 9, 2024, 2:45 p.m.
Present: Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly,
Councilmember Gina Nestande, Councilmember Evan Trubee,
Mayor Karina Quintanilla
Pursuant to Assembly Bill 2449, this meeting was conducted by teleconference and there was
in-person public access to the meeting location.
1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor
Quintanilla on Thursday, May 9, 2024, at 2:45 p.m. in the Council Chamber, City Hall,
located at 73-510 Fred Waring Drive, Palm Desert, California.
2. STUDY SESSION TOPICS
2.a STUDY SESSION: PROPOSED CHUCKWALLA NATIONAL MONUMENT AND
EXPANSION OF JOSHUA TREE NATIONAL PARK
Coachella Valley Association of Governments representative Katie Barrows
narrated a PowerPoint presentation and responded to City Council inquiries.
2.b STUDY SESSION: UPDATE FOR THE PALM DESERT GENERAL PLAN
MOBILITY ELEMENT
Principal Planner Melloni narrated a PowerPoint presentation and responded to
City Council inquiries.
2.c STUDY SESSION: INFORMATION REGARDING LIBRARY POLICIES
Director of Library Services Shaffer narrated a PowerPoint presentation and
responded to City Council inquiries.
3. ADJOURNMENT
The City Council adjourned the Study Session at 3:21 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
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Palm Desert City Council Meeting Minutes
May 9, 2024
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Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment
Agency, and Housing Authority
Regular Meeting Minutes
May 9, 2024, 4:00 p.m.
Present: Mayor Karina Quintanilla, Mayor Pro Tem Jan Harnik,
Councilmember Kathleen Kelly, Councilmember Gina Nestande,
Councilmember Evan Trubee
1. CALL TO ORDER
A Regular Meeting of the Palm Desert City Council was called to order by Mayor
Quintanilla on Thursday, May 9, 2024, at 4:02 p.m. in the Council Chamber, City Hall,
located at 73-510 Fred Waring Drive, Palm Desert, California.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Harnik led the Pledge of Allegiance.
4. INSPIRATION
Councilmember Kelly provided words of inspiration.
5. AWARDS, PRESENTATIONS, AND APPOINTMENTS
Mayor Quintanilla issued a proclamation for Professional Municipal Clerks Week. City
Clerk Mejia expressed his appreciation for his staff.
5.a RECOGNITION - CIVIC ACADEMY PARTICIPANTS
Mayor Quintanilla congratulated the most recent attendees of the City's Civic
Academy, thanked them for their interest and dedication to the program, and
presented them with certificates of completion.
5.b RECOGNITION - RETIRED COMMISSIONER KAREL LAMBELL
This item was removed from the agenda as Ms. Lambell was unable to attend.
5.c PROCLAMATION - POLLINATOR WEEK
Mayor Quintanilla shared a proclamation for Pollinator Week and encouraged
Palm Desert residents to take personal measures committing to sustainability
and a healthy environment.
6. CITY MANAGER COMMENTS
6.a SHERIFF DEPARTMENT UPDATE
Lt. Daniel Porras provided an update to the City Council and responded to City
Council inquiries.
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Palm Desert City Council Meeting Minutes
May 9, 2024
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7. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmembers reported on their attendance at various meetings and events. Mayor
Quintanilla requested that the Harvey Milk breakfast be added to the City's list of table
sponsorships. Councilmember Kelly supported the request and recommended that it be
referred to the appropriate subcommittee for further action.
8. NON-AGENDA PUBLIC COMMENTS
Brad Anderson, Rancho Mirage resident, noted a potential ballot measure of 1% sales
tax regarding transportation; shared information about West Nile Virus and mosquito
abatement; requested that public comment be allowed in person at study sessions.
Tammy Bennett, Palm Desert resident, expressed her displeasure regarding the
Whitestone Lane drainage project, and urged the City Council to address issues that
resulted relative to her property.
Barbara Wasserkrug, Palm Desert resident, informed the City Council of her
presentation regarding artificial intelligence relative to health care.
Nancy Gutierrez, Palm Desert resident, expressed concern regarding air pollution and
geoengineering.
Josh Heinz, Visit Greater Palm Springs representative, expressed his gratitude to the
City Council and staff for their leadership in becoming a Certified Autism Center, and
encouraged the City Council to consider providing grants to local businesses to
complete their certifications.
Alan Carvalho expressed his opposition to Mayor Pro Tem Harnik's position on Mayor
Quintanilla's attendance at NALEO.
9. CONSENT CALENDAR
Brad Anderson, Rancho Mirage resident, spoke in opposition to Item 9d relative to
possession of catalytic converters, and in general support of Item 9h regarding the El
Paseo Sculpture Exhibition.
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
To approve the consent calendar, excluding Items 9F and 9L.
Motion Carried (5 to 0)
9.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve the Minutes of April 25, 2024.
Motion Carried (5 to 0)
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Palm Desert City Council Meeting Minutes
May 9, 2024
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9.b APPROVAL OF WARRANT REGISTERS
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve the warrant registers issued for the period 4/22/2024 to 4/25/2024.
Motion Carried (5 to 0)
9.c RECEIVE AND FILE APPLICATION FOR ALCOHOLIC BEVERAGE LICENSES
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Receive and file application for alcoholic beverage license for Jackson 6843
(Food Mart) 72300 Highway 111, Palm Desert, California 92260 -2747
Motion Carried (5 to 0)
9.d ADOPTION OF ORDINANCE NO. 1412 ADDING CHAPTER 9.71 TO TITLE 9
(PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT
MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Ordinance No. 1412 entitled, “AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.71
(UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) TO
TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE PALM DESERT
MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY”
Motion Carried (5 to 0)
9.e ADOPTION OF ORDINANCE NO. 1413 AMENDING CHAPTER 2.74 OF THE
PALM DESERT MUNICIPAL CODE TO ESTABLISH A PALM DESERT
LIBRARY BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE
AND MAKING A FINDING OF EXEMPTION UNDER CEQA
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Ordinance No. 1413 entitled, “AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.74
OF THE PALM DESERT MUNICIPAL CODE TO ESTABLISH A LIBRARY
BOARD OF TRUSTEES AND LIBRARY ADVISORY COMMITTEE, AND
MAKING A FINDING OF EXEMPTION UNDER CEQA.”
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Palm Desert City Council Meeting Minutes
May 9, 2024
4
Motion Carried (5 to 0)
9.g RECEIVE AND FILE A CERTIFICATE OF APPRECIATION FROM THE WORLD
ROMA FEDERATION
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Receive and file a Certificate of Appreciation from the World Roma Federation.
Motion Carried (5 to 0)
9.h APPROVAL OF EIGHTEEN (18) SCULPTURES AND SIX (6) ALTERNATE
SCULPTURES FOR THE FY 2025/2026 EL PASEO SCULPTURE EXHIBITION
(CONTRACT NOS. C47500 A-Z)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Approve eighteen (18) sculptures and six (6) alternate sculptures for the
2025/2026 El Paseo Sculpture Exhibition. (Contract Nos. C47500 A-Z)
2. Approve honorarium of $5,000 for each of the participating artists.
3. Authorize staff to finalize negotiations of the subject contracts with the
eighteen (18) artists and authorize City Manager to execute same, subject
to the satisfaction of the City Attorney.
4. Authorize City Manager to make changes to sculpture selection based on
staff recommendation.
Motion Carried (5 to 0)
9.i AUTHORIZE CITY MANAGER TO AWARD LIBRARY FURNITURE, FIXTURE,
FINISHES, AND EQUIPMENT CONTRACTS TO MULTIPLE VENDORS TO
OUTFIT THE LIBRARY LOCATED AT 73-300 FRED WARING DRIVE IN THE
ADDITIONAL AMOUNT OF $42,000 (CONTRACT NOS. C47240 A-Z)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Authorize increase of $42,000 to previously approved City Manager Not to
Exceed threshold of $650,000 for furniture, f ixture, and equipment (FF&E)
vendors for the library located at 73-300 Fred Waring Drive, for a total of
$692,000 (Contract Nos. C47240 A-Z).
2. Authorize the City Manager to execute any agreements, amendments,
and all other documents necessary to effectuate this action.
3. Authorize the City Attorney to make any necessary non -monetary changes
to the agreement.
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Palm Desert City Council Meeting Minutes
May 9, 2024
5
Motion Carried (5 to 0)
9.j APPROVE A ONE YEAR LEASE AGREEMENT WITH ONE, ONE-YEAR
EXTENSION WITH CHRIS NELSON FOR THE OPERATION OF A REMOTE
CONTROLLED RACETRACK ON THE VACANT CITY-OWNED PARCEL,
ASSESSOR’S PARCEL NO. 640-091-010
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Approve a one (1) year lease agreement with one (1), one (1) year
extension with Chris Nelson for the operation of a remote controlled
racetrack on the vacant City-owned parcel with Assessor’s Parcel No.
(APN) 640-091-010.
2. Authorize the City Attorney to make necessary, nonmonetary changes to
the lease agreement.
3. Authorize the City Manager to execute the lease and any and all related
documents.
Motion Carried (5 to 0)
9.k RESOLUTION FOR THE NATIONAL WILDLIFE FEDERATION’S MAYORS’
MONARCH PLEDGE TO RENEW THE CITY’S EFFORTS TO PROTECT AND
ENHANCE THE POLLINATOR POPULATION
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Adopt a Resolution No. 2024-016 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
AUTHORIZING THE CITY TO ENTER INTO THE NATIONAL WILDLIFE
FEDERATION MAYORS’ MONARCH PLEDGE.”
2. Authorize staff to work in collaboration with the Living Desert Zoo and
Gardens and University of California, Riverside (UCR) Palm Desert
Center to carry out the three specific actions listed below within the next
year:
a. Issue a Proclamation to raise awareness about the decline of the
monarch butterfly and the species’ need for habitat.
b. Increase the area of pollinator-friendly demonstration garden at Civic
Center Park.
c. Support milkweed propagation by planting milkweed at various City
parks and medians, where advisable.
Motion Carried (5 to 0)
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Palm Desert City Council Meeting Minutes
May 9, 2024
6
9.m RESOLUTION NO. 2024-018 OF SUPPORT FOR THE PROPOSED
CHUCKWALLA NATIONAL MONUMENT, INCLUDING EXPANSION OF
JOSHUA TREE NATIONAL PARK
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt a Resolution No. 2024-018 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IN SUPPORT OF
THE ESTABLISHMENT OF THE PROPOSED CHUCKWALLA NATIONAL
MONUMENT AND EXPANSION OF JOSHUA TREE NATIONAL PARK VIA AN
ADJACENT NATIONAL MONUMENT.”
Motion Carried (5 to 0)
9.n RESOLUTION NOS. 2024-019 AND 2024-020: APPROVE THE START OF
PROCEEDINGS TO LEVY AND COLLECT ANNUAL ASSESSMENTS AND
GRANT PRELIMINARY APPROVAL OF THE 2024-25 ENGINEER’S REPORT
FOR CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO.1
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Adopt Resolution No. 2024-019 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING
ITS INTENTION TO INITIATE PROCEEDINGS FOR THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS FOR CONSOLIDATED
PALM DESERT LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT NO. 1 FOR FISCAL YEAR 2024-25.
2. Adopt Resolution No. 2024-020 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING
ITS INTENTION TO LEVY AND COLLECT THE ANNUAL
ASSESSMENTS FOR CONSOLIDATED PALM DESERT LANDSCAPING
AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR
2024-25 AND PRELIMINARY APPROVAL OF THE ENGINEER’S
REPORT.”
3. Set a public hearing to be held at the City Council meeting of June 27,
2024, at 4 p.m.
Motion Carried (5 to 0)
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Palm Desert City Council Meeting Minutes
May 9, 2024
7
9.o RESOLUTION NOS. 2024-021 AND 2024-022: APPROVE THE START OF
PROCEEDINGS TO LEVY THE ANNUAL ASSESSMENT FOR CITY OF PALM
DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR
2024/2025
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
1. Adopt Resolution No. 2024-021 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE LEVY AND COLLECTION OF
ASSESSMENTS FOR PLAM DESERT BENEFIT ASSESSMENT
DISTRICT NO. 1 FOR FISCAL YEARS 2024/2025.”
2. Adopt Resolution No. 2024-022 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING
ITS INTENTION TO LEVY THE ANNUAL ASSESSMENT FOR CITY OF
PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL
YEAR 2024/2025, PURSUANT TO THE BENEFIT ASSESSMENT ACT
OF 1982 AND APPOINTING A TIME AND PLACE FOR THE PUBLIC
HEARING ON THESE MATTERS.”
3. Set a public hearing to be held at the City Council meeting of June 27,
2024, at 4 p.m.
Motion Carried (5 to 0)
CONSENT ITEMS HELD OVER
9.f APPROVE RESOURCE PRESERVATION AND ENHANCEMENT COMMITTEE
2024/2025 WORK PLAN
Economic Development Deputy Director Lawrence provided a staff report and
responded to City Council inquiries.
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Approve the Resource Preservation and Enhancement Committee’s 2024/2025
Work Plan.
Motion Carried (5 to 0)
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Palm Desert City Council Meeting Minutes
May 9, 2024
8
9.l RESOLUTION NO. 2024-017 DENYING A STREET VACATION OF AN 8,582
SQUARE FOOT PORTION OF SHADOW LAKE DRIVE IN FAVOR OF A
PROPERTY AT 73745 SHADOW LAKE DRIVE
Mayor Pro Tem Harnik recused herself due to the proximity of her home, and left
the Council Chamber.
Brad Anderson, Rancho Mirage resident, spoke in support of a street vacation in
favor of the property owner.
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt a Resolution No. 2024-017 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A
PROPOSED STREET VACATION OF AN 8,582 SQUARE FOOT PORTION OF
SHADOW LAKE DRIVE IN FAVOR OF A PROPERTY AT 73745 SHADOW LAKE
DRIVE IS CONSISTENT WITH THE CITY OF PALM DESERT GENERAL PLAN
(APNS: 627-342-001).”
RECUSED (1): Mayor Pro Tem Harnik
Motion Carried (4 to 0)
Mayor Pro Tem Harnik returned to the Council Chamber.
10. ACTION CALENDAR
10.a INTRODUCTION OF ORDINANCE NO. 1414 ADDING SECTION 2.38.070 TO
THE PALM DESERT MUNICIPAL CODE TO ALLOW FOR THE ELECTRONIC
OR PAPER FILING OF CAMPAIGN FINANCE DISCLOSURE STATEMENTS
City Clerk Mejia presented a staff report and responded to City Council inquiries.
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Introduce Ordinance No. 1414 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION
2.38.070 TO THE PALM DESERT MUNICIPAL CODE APPROVING
ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE
DISCLOSURE STATEMENTS.”
Motion Carried (5 to 0)
46
Palm Desert City Council Meeting Minutes
May 9, 2024
9
10.b REQUEST FOR DIRECTION REGARDING LUPINE PLAZA PROJECT
CST00015
Project Manager Ennis narrated a PowerPoint presentation and responded to
City Council inquiries.
Cathy Green, CODA Gallery and adjacent shopping center affiliate, spoke in
opposition to the project.
Samuel Heaton, CODA Gallery owner, spoke in opposition to the project.
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Direct staff to discontinue Lupine Plaza Project CST00015.
Motion Carried (5 to 0)
11 . PUBLIC HEARINGS
11 .a RESOLUTION NO. 2024-023: APPEAL OF THE DEVELOPMENT SERVICES
DIRECTOR DETERMINATION THAT A LIVING ROOM CANNOT BE COUNTED
AS A BEDROOM FOR PURPOSES OF A SHORT-TERM RENTAL
Mayor Quintanilla opened the appeal hearing.
Development Services Director Cannone narrated a PowerPoint presentation,
summarizing the Director's interpretation on whether a living room can be
counted as a bedroom for purposes of a short-term rental.
Shaun Murphy, representing the Appellant, shared the Appellant's position that a
living room can serve as a bedroom as it is defined as a habitable space, noting
the City's regulation is silent on whether guests can sleep in a living room;
asserted that the market will determine whether using a living room as a
bedroom is appropriate.
Brad Anderson, Rancho Mirage resident, spoke in support of the Appellant and
opined that owners should be able to advertise their space however they choose.
Dylan Gunzel, Attorney representing the City, opined that although the City's
municipal code is silent on bedrooms, Code Section 15.04.010 and 15.06.010
both adopt wholly the Residential Code and California Building Code, which both
define bedrooms for the purposes of construction and plans. He noted the
construction plans differ from marketing materials, and the City should rely on
official construction plans of record.
Shaun Murphy, representing the Appellant, opined that the marketing materials
have created confusion and that a living room is habitable space and should be
allowed to be used as a bedroom for short-term rentals.
Mayor Quintanilla closed the appeal hearing, there being no other member of the
public wishing to speak.
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Palm Desert City Council Meeting Minutes
May 9, 2024
10
Councilmember Kelly pointed out to the City Council that they were advised of a
separate appeal process regarding the interpretation of using a den as a
bedroom; suggested the City Council focus on determining whether a living room
can be counted as a bedroom for purposes of a short-term rental; opined that
although a living room may constitute habitable space, it does not inherently
qualify as a bedroom any more than a kitchen or bathroom, both of which are
habitable spaces but cannot be used as bedrooms.
Councilmember Nestande questioned why there is an appeal when the floorplans
indicate three bedrooms. In response, Director Cannone clarified that the
floorplans included with the appeal letter were for marketing purposes and that
the Riverside County Assessor's records show the unit as having two bedrooms
and a den; explained that the Building Board of Appeals will consider whether a
den may be counted as a bedroom for purposes of a short-term rental under a
separate appeal process, noting the Board's decision is subject to appeal to the
City Council.
City Attorney Shah confirmed that the question before the City Council is whether
a living room can be counted as a bedroom for purposes of a short -term rental.
Mayor Quintanilla opined that guests have an expectation of privacy when
renting a hotel room, suite, or short-term rental; stated she does not believe a
living room should be counted as a bedroom.
Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
1. Find that this report, including attachments, and any additional evidence
provided at the hearing provides satisfactory evidence that the
Development Services Director’s determination was correct.
2. Adopt Resolution No. 2024-023 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPHOLDING
THE DEVELOPMENT SERVICES DIRECTOR DETERMINATION THAT A
LIVING ROOM CANNOT BE COUNTED AS A BEDROOM FOR
PURPOSES OF A SHORT-TERM RENTAL AND MAKING FINDINGS IN
SUPPORT THEREOF.”
Motion Carried (4 to 0)
12. INFORMATION ITEMS
None.
48
Palm Desert City Council Meeting Minutes
May 9, 2024
11
13. ADJOURNMENT
The City Council adjourned at 6:13 p.m.
Respectfully submitted,
_________________________
Níamh M. Ortega, CMC
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
49
50
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
12/1/2023 - 12/31/2023
City of Palm Desert
Account Number
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12/12/202318416418 US BANKWR CC5157 LOCC C.ESCOBEDO43630001104130 9350 12/11/23 25.00
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12/12/202318416418 US BANKWR CC5787 WORLD OF CON E.MENDOZA43120001104310 9350 12/11/23 550.00
12/12/202318416418 US BANKWR CC5787 WORLD OF CON F.RIOS43120001104310 9350 12/11/23 550.00
12/12/202318416418 US BANKWR CC5787 WORLD OF CON R.MUNIZ43120001104310 9350 12/11/23 50.00
12/12/202318416418 US BANKWR CC5787 WORLD OF CON E.MENDOZA43120001104310 9350 12/11/23 50.00
12/12/202318416418 US BANKWR CC5787 WORLD OF CON F.RIOS43120001104310 9350 12/11/23 50.00
12/12/202318416418 US BANKWR CC4081 MAILCHIMP 11/16/2343090001104417 9350 12/11/23 205.00
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Examined and Approved Total For Bank ID - WR
3,731.52City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
12/31/2023Report Date 1Page City and Housing
DocuSign Envelope ID: 6BD0BF3F-3F5B-4029-810D-415EA8D6811F
51
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12/31/2023Report Date 2Page City and Housing
DocuSign Envelope ID: 6BD0BF3F-3F5B-4029-810D-415EA8D6811F
52
Check DateCheck Number Vendor NameBank ID
Check Register
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12/31/2023Report Date 3Page City and Housing
DocuSign Envelope ID: 6BD0BF3F-3F5B-4029-810D-415EA8D6811F
53
Check DateCheck Number Vendor NameBank ID
Check Register
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City of Palm Desert
Account Number
12/30/202319117517 Empower Retirement LLCWR Deferred Comp PayDay 12/20/2321623001100000 1148510911 19,106.86
12/30/202319117517 Empower Retirement LLCWR Deferred Comp PayDay 12/20/2310293006100000 1148510911 19,106.86
12/30/202319117517 Empower Retirement LLCWR Deferred Comp PayDay 12/20/2321623006100000 1148510911 -19,106.86
12/30/202319117523 Empower Retirement LLCWR 401-A Retire PayDay: 12/20/2321622011100000 1148511847 12,595.63
12/30/202319117523 Empower Retirement LLCWR 401-A Retire PayDay: 12/20/2310292016100000 1148511847 12,595.63
12/30/202319117523 Empower Retirement LLCWR 401-A Retire PayDay: 12/20/2321622016100000 1148511847 -12,595.63
12/30/202319509827 US BANKWR CC7059 LDG L.HOLT11501001100000 9350 12/20/23 231.64
12/30/202319509827 US BANKWR CC7059 LDG J.GREENWOOD11501001100000 9350 12/20/23 231.64
12/30/202319509827 US BANKWR CC7059 LDG R.GREGORY11501001100000 9350 12/20/23 231.64
12/30/202319509827 US BANKWR CC5787 LOCC ET&KQ 12/11/2343125001104110 9350 12/20/23 90.00
12/30/202319509827 US BANKWR CC5787 ALBERTSONS -MEETING43125001104150 9350 12/20/23 44.49
12/30/202319509827 US BANKWR CC5787 ALBERTSONS -MEETING43125001104150 9350 12/20/23 5.69
12/30/202319509827 US BANKWR CC5787 WSJ 12/12/2343620001104150 9350 12/20/23 8.00
12/30/202319509827 US BANKWR CC5787 USA TODAY 12/14/2343620001104150 9350 12/20/23 9.99
12/30/202319509827 US BANKWR CC2498 COSTCO F&B 12/13/2343121011104154 9350 12/20/23 273.02
12/30/202319509827 US BANKWR CC2498 FRESH AGAVE 12/13/2343121011104154 9350 12/20/23 710.38
12/30/202319509827 US BANKWR CC5787 TLS NEW HIRE 12/7/2343125001104154 9350 12/20/23 223.82
12/30/202319509827 US BANKWR CC5157APA- JOB ASSOCIATE DUP43215001104154 9350 12/20/23 -250.00
12/30/202319509827 US BANKWR CC2498 MO GIFT42110001104159 9350 12/20/23 66.78
12/30/202319509827 US BANKWR CC7587-BLUECOSMO - DUP42191001104211 9350 12/20/23 -66.95
12/30/202319509827 US BANKWR CC5157 SHOGUN COP 12/13/2343060011104211 9350 12/20/23 2,310.98
12/30/202319509827 US BANKWR CC5787 CVWD NEW ACCT43510001104310 9350 12/20/23 2,804.00
12/30/202319509827 US BANKWR CC4081-MailChimp 12/16/2343090001104417 9350 12/20/23 219.00
12/30/202319509827 US BANKWR CC7059 LOCC REG L. HOLT43120001104470 9350 12/20/23 675.00
12/30/202319509827 US BANKWR CC7059 LOCC REG J.GREENWOOD43120001104470 9350 12/20/23 675.00
12/30/202319509827 US BANKWR CC7059 LOCC REG R.GREGORY43120001104470 9350 12/20/23 675.00
12/30/202319509827 US BANKWR CC2498 CHIPOTLE ARC 12/12/2343125001104470 9350 12/20/23 240.07
12/31/2023Report Date 4Page City and Housing
DocuSign Envelope ID: 6BD0BF3F-3F5B-4029-810D-415EA8D6811F
54
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
12/1/2023 - 12/31/2023
City of Palm Desert
Account Number
12/30/202320764009 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 12/06/2321626001100000 6026719 5,950.14
12/30/202320764009 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 12/06/2310292006100000 6026719 5,950.14
12/30/202320764009 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 12/06/2321622006100000 6026719 -5,950.14
12/30/202321514002 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 12/08/2321626001100000 6416594 182.32
12/30/202321514002 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 12/08/2310292006100000 6416594 182.32
12/30/202321514002 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 12/08/2321622006100000 6416594 -182.32
12/30/202322494117 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 12/20/2321626001100000 6206292 5,990.18
12/30/202322494117 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 12/20/2310292006100000 6206292 5,990.18
12/30/202322494117 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 12/20/2321622006100000 6206292 -5,990.18
12/30/202367296777 STERLING ADMINISTRATIONWR FSA HEALTH CARE 12/06/202321616001100000 744191 2,703.81
12/30/202367296777 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 12/06/202321616001100000 744191 985.40
12/30/202367299687 STERLING ADMINISTRATIONWR FSA HEALTH CARE 12/20/202321616001100000 745837 2,703.81
12/30/202367299687 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 12/20/202321616001100000 745837 985.40
Examined and Approved Total For Bank ID - WR
856,624.61City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
12/31/2023Report Date 5Page City and Housing
DocuSign Envelope ID: 6BD0BF3F-3F5B-4029-810D-415EA8D6811F
55
56
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
1/1/2024 - 1/31/2024
City of Palm Desert
Account Number
01/02/202414542985 Empower Retirement LLCWR DEFERRED COMP PAYDAY 12/28/2321621001100000 1150883420 9,737.29
01/02/202414542985 Empower Retirement LLCWR DEFERRED COMP PAYDAY 12/28/2310291006100000 1150883420 9,737.29
01/02/202414542985 Empower Retirement LLCWR DEFERRED COMP PAYDAY 12/28/2321621006100000 1150883420 -9,737.29
Examined and Approved Total For Bank ID - WR
9,737.29City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
01/31/2024Report Date 1Page City and Housing
DocuSign Envelope ID: 42D2EE48-C406-400A-BFF6-6E051818475E
57
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
1/1/2024 - 1/31/2024
City of Palm Desert
Account Number
01/30/202401396130 US BANKWR Principal Due10269007030000 2435467 910,000.00
01/30/202401396130 US BANKWR INTEREST DUE10269007030000 2435467 364,815.63
01/30/202401818212 US BANKWR Interest10281017030000 2017A2324 892,250.00
01/30/202401818212 US BANKWR Principal10281017030000 2017A2324 124,575.00
01/30/202402236801 US BANKWR INTEREST10281027030000 2017B2324 1,623,637.51
01/30/202402236801 US BANKWR PRINCIPAL10281027030000 2017B2324 2,792,500.00
01/30/202410007191 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 01/03/202421601001100000 00454743 72,816.35
01/30/202410007191 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 01/03/202421603001100000 00454743 18,297.94
01/30/202410032301 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 01/17/202421601001100000 91607524 51,581.68
01/30/202410032301 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 01/17/202421603001100000 91607524 15,401.68
01/30/202410126426 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 01/12/202421601001100000 32477395 464.09
01/30/202410126426 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 01/12/202421603001100000 32477395 441.16
01/30/202410699344 Empower Retirement LLCWR DEFERRED COMP PAYDAY 1/3/2421621001100000 1153102595 6,648.83
01/30/202410699344 Empower Retirement LLCWR Deferred Comp PayDay 1/3/202421623001100000 1153102595 19,519.38
01/30/202410699344 Empower Retirement LLCWR DEFERRED COMP PAYDAY 1/3/2410291006100000 1153102595 6,648.83
01/30/202410699344 Empower Retirement LLCWR Deferred Comp PayDay 1/3/2410293006100000 1153102595 19,519.38
01/30/202410699344 Empower Retirement LLCWR DEFERRED COMP PAYDAY 1/3/2421621006100000 1153102595 -6,648.83
01/30/202410699344 Empower Retirement LLCWR Deferred Comp PayDay 1/3/2421623006100000 1153102595 -19,519.38
01/30/202410699350 Empower Retirement LLCWR 401-A Retire PayDay: 1/3/2421622011100000 1153105893 12,448.11
01/30/202410699350 Empower Retirement LLCWR 401-A Retire PayDay: 1/3/2410292016100000 1153105893 12,448.11
01/30/202410699350 Empower Retirement LLCWR 401-A Retire PayDay: 1/3/2421622016100000 1153105893 -12,448.11
01/30/202410990777 STATE OF CALIFORNIAWR PIT W/H PD: 01/03/202421602001100000 7540930 27,878.13
01/30/202411058757 P E R SWR PERS 1105 12/29/202321611001100000 100000017343951 59,931.01
01/30/202411058757 P E R SWR Rounding 1105 12/29/202341115001104150 100000017343951 0.26
01/30/202411058759 P E R SWR PERS 26565 12/29/202321611001100000 100000017344030 44,339.68
01/30/202411058759 P E R SWR Rounding 26565 12/29/202341115001104150 100000017344030 0.33
01/30/202411059265 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Emp 01-202421608001100000 100000017390370 204,182.88
01/31/2024Report Date 2Page City and Housing
DocuSign Envelope ID: 42D2EE48-C406-400A-BFF6-6E051818475E
58
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
1/1/2024 - 1/31/2024
City of Palm Desert
Account Number
01/30/202411059265 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium CC 01-202421608001100000 100000017390370 7,454.83
01/30/202411059265 PUBLIC EMPLOYEES' RETIREMENTWR EMP ADJ 01/202421608001100000 100000017390370 5,964.99
01/30/202411059265 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Retiree 01-202441190005764192 100000017390370 14,912.40
01/30/202412978205 Empower Retirement LLCWR DEFERRED COMP PAYDAY 1/3/2421621001100000 1156356263 6,698.83
01/30/202412978205 Empower Retirement LLCWR Deferred Comp PayDay 1/17/2421623001100000 1156356263 19,391.94
01/30/202412978205 Empower Retirement LLCWR DEFERRED COMP PAYDAY 1/3/2410291006100000 1156356263 6,698.83
01/30/202412978205 Empower Retirement LLCWR Deferred Comp PayDay 1/17/2410293006100000 1156356263 19,391.94
01/30/202412978205 Empower Retirement LLCWR DEFERRED COMP PAYDAY 1/3/2421621006100000 1156356263 -6,698.83
01/30/202412978205 Empower Retirement LLCWR Deferred Comp PayDay 1/17/2421623006100000 1156356263 -19,391.94
01/30/202413322523 STATE OF CALIFORNIAWR PIT W/H PD: 01/17/202421602001100000 7574922 21,336.91
01/30/202413404973 P E R SWR PERS 1105 01/12/202421611001100000 100000017380262 58,017.19
01/30/202413404973 P E R SWR Rounding 1105 01/12/202441115001104150 100000017380262 0.26
01/30/202413404975 P E R SWR PERS 26565 01/12/202421611001100000 100000017380316 50,180.70
01/30/202413404975 P E R SWR Rounding 26565 01/12/202441115001104150 100000017380316 0.35
01/30/202413405193 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Emp 02-202421608001100000 100000017420244 209,123.08
01/30/202413405193 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium CC 02-202421608001100000 100000017420244 7,454.83
01/30/202413405193 PUBLIC EMPLOYEES' RETIREMENTWR EMP ADJ 02/202421608001100000 100000017420244 2,213.28
01/30/202413405193 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Retiree 02-202441190005764192 100000017420244 15,576.05
01/30/202414903930 STATE OF CALIFORNIAWR PIT W/H PD: 01/12/202421602001100000 7565131 71.28
01/30/202415106312 US BANKWR CC7587 WSJ 1/9/2443620001104150 9350 1/29/24 8.00
01/30/202415106312 US BANKWR CC7587 USA TODAY 1/14/2443620001104150 9350 1/29/24 9.99
01/30/202415106312 US BANKWR CC7587 BLUECOSMO 1/2/2442191001104211 9350 1/29/24 66.95
01/30/202415106312 US BANKWR CC7587 OLIVEGARDEN ARC 1.9.2443125001104470 9350 1/29/24 233.00
01/30/202415106313 US BANKWR CC2498 JOB POSTING LIBRARY43215001104154 9350 1/30/24 449.00
01/30/202417879700 P E R SWR PERS - 26565 01/31/202421611001100000 100000017380355 2,379.56
01/30/202417879702 P E R SWR PERS - 1105 01/31/202421611001100000 100000017380298 601.96
01/30/202418817146 FORESITE ESCROWWR DR-24-43735-0144001008734699 082083-EL 75,000.00
01/31/2024Report Date 3Page City and Housing
DocuSign Envelope ID: 42D2EE48-C406-400A-BFF6-6E051818475E
59
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
1/1/2024 - 1/31/2024
City of Palm Desert
Account Number
01/30/202421818208 US BANKWR INTEREST DUE10280017030000 2017HA2324 102,384.38
01/30/202421818208 US BANKWR PRINCIPAL10280017030000 2017HA2324 237,500.00
01/30/202426242932 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 1/3/2421626001100000 6209044 5,926.82
01/30/202426242932 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 1/3/2410292006100000 6209044 5,926.82
01/30/202426242932 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 1/3/2421622006100000 6209044 -5,926.82
01/30/202427142440 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 01/12/2321626001100000 6450953 226.40
01/30/202427142440 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 01/12/2310292006100000 6450953 226.40
01/30/202427142440 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 01/12/2321622006100000 6450953 -226.40
01/30/202427721601 Empower Retirement LLCWR 401-A Retire PayDay: 1/17/2421622011100000 1156359724 12,495.27
01/30/202427721601 Empower Retirement LLCWR 401-A Retire PayDay: 1/17/2410292016100000 1156359724 12,495.27
01/30/202427721601 Empower Retirement LLCWR 401-A Retire PayDay: 1/17/2421622016100000 1156359724 -12,495.27
01/30/202427721601 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 1/17/2421626001100000 6990356 5,963.86
01/30/202427721601 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 1/17/2410292006100000 6990356 5,963.86
01/30/202427721601 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 1/17/2421622006100000 6990356 -5,963.86
01/30/202455572294 PALM DESERT HOUSING AUTHORITYWR REIMB FOR BANK FEE OVRPYMT NOV11500001100000 REIMB1/22/24 449.45
01/30/202467302464 STERLING ADMINISTRATIONWR FSA HEALTH CARE 01/03/202421616001100000 751118 2,834.84
01/30/202467302464 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 01/03/202421616001100000 751118 1,338.32
01/30/202467311212 STERLING ADMINISTRATIONWR FSA HEALTH CARE 01/17/202421616001100000 752642 2,856.57
01/30/202467311212 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 01/17/202421616001100000 752642 1,338.32
Examined and Approved Total For Bank ID - WR
8,112,189.26City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
01/31/2024Report Date 4Page City and Housing
DocuSign Envelope ID: 42D2EE48-C406-400A-BFF6-6E051818475E
60
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/1/2024 - 2/29/2024
City of Palm Desert
Account Number
02/26/202423079196 US BANKWR Debt Svc 3/24-Interest43635003914790 2486819 17,737.51
02/26/202423080536 US BANKWR Debt Svc 3/24-Interest43635003544394 2486703 279,000.00
02/26/202430756760 US BANKWR Debt Svc 3/24-Interest43635003534394 2486704 91,500.00
02/26/202430758250 US BANKWR Debt Svc 3/24-Interest43635003154350 2486710 298,300.00
Examined and Approved Total For Bank ID - WR
686,537.51City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
02/29/2024Report Date 1Page City and Housing
DocuSign Envelope ID: 88FC4AB5-17FF-423B-BC21-8CFAAE2F3AE9
61
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/1/2024 - 2/29/2024
City of Palm Desert
Account Number
02/28/202410000989 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 02/06/202421603001100000 60036793 29.28
02/28/202410014771 Empower Retirement LLCWR Deferred Comp PayDay 2/06/2421623001100000 1161455498 20.39
02/28/202410014771 Empower Retirement LLCWR Deferred Comp PayDay 2/06/2410293006100000 1161455498 20.39
02/28/202410014771 Empower Retirement LLCWR Deferred Comp PayDay 2/06/2421623006100000 1161455498 -20.39
02/28/202410014777 Empower Retirement LLCWR 401-A Retire PayDay: 2/06/2421622011100000 1161457101 40.79
02/28/202410014777 Empower Retirement LLCWR 401-A Retire PayDay: 2/06/2410292016100000 1161457101 40.79
02/28/202410014777 Empower Retirement LLCWR 401-A Retire PayDay: 2/06/2421622016100000 1161457101 -40.79
02/28/202410015071 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 02/14/202421601001100000 91383552 54,643.44
02/28/202410015071 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 02/14/202421603001100000 91383552 16,094.58
02/28/202410015485 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 02/09/202421601001100000 85237057 511.57
02/28/202410015485 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 02/09/202421603001100000 85237057 448.42
02/28/202410023414 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 02/28/202421601001100000 45869891 55,594.52
02/28/202410023414 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 02/28/202421603001100000 45869891 16,246.66
02/28/202410032154 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 01/31/202421601001100000 42371333 51,665.90
02/28/202410032154 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 01/31/202421603001100000 42371333 15,385.38
02/28/202410118755 STATE OF CALIFORNIAWR PIT W/H PD: 02/06/202421602001100000 7616270 10.63
02/28/202411325166 EMPLOYMENT DEVELOPMENT DEPTWR Unemployment Charges 12.31.2241126001104191 L1940408656 165.56
02/28/202411325166 EMPLOYMENT DEVELOPMENT DEPTWR Unemployment Charges 03.31.2341126001104191 L1940408656 2,106.83
02/28/202411325166 EMPLOYMENT DEVELOPMENT DEPTWR Unemployment Charges 06.30.2341126001104191 L1940408656 5,655.55
02/28/202411325166 EMPLOYMENT DEVELOPMENT DEPTWR Unemployment Charges 09.33.2341126001104191 L1940408656 1,815.42
02/28/202411325166 EMPLOYMENT DEVELOPMENT DEPTWR Unemployment Charges 12.31.2341126001104191 L1940408656 3,510.00
02/28/202411855932 US BANKWR CC7587 LOCC meeting43125001104110 9350 2/8/24 90.00
02/28/202411855932 US BANKWR CC7587 VistaPrint Signs43210001104114 9350 2/8/24 628.45
02/28/202411855932 US BANKWR CC7587 TINCHECK42110001104159 9350 2/8/24 225.00
02/28/202411855932 US BANKWR CC7587 1099 & W2 FILING43093001104159 9350 2/8/24 343.95
02/28/202411855932 US BANKWR CC7587 1099 & W2 FILING43093001104159 9350 2/8/24 211.88
02/28/202411855932 US BANKWR CC7587 1099 & W2 FILING43093001104159 9350 2/8/24 3.75
02/29/2024Report Date 2Page City and Housing
DocuSign Envelope ID: 88FC4AB5-17FF-423B-BC21-8CFAAE2F3AE9
62
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/1/2024 - 2/29/2024
City of Palm Desert
Account Number
02/28/202411855932 US BANKWR CC4801 SAMS MEMBERSHIP43630001104159 9350 2/8/24 53.88
02/28/202411855932 US BANKWR CC7587 TRELLO SOFTWARE43620011104190 9350 2/8/24 119.99
02/28/202411855932 US BANKWR CC7587 BLUECOSMO 1/19/2442191001104211 9350 2/8/24 66.95
02/28/202411855932 US BANKWR CC7587 PDCC Assessment fee43630001104300 9350 2/8/24 409.74
02/28/202411855932 US BANKWR CC7587 State of Cali-Insp Fee43640001104330 9350 2/8/24 675.00
02/28/202411855932 US BANKWR CC7587 StateofCali-Service Fee43640001104330 9350 2/8/24 15.53
02/28/202411855932 US BANKWR CC4081 MAILCHIMP 1/16/2443090001104417 9350 2/8/24 219.00
02/28/202411855932 US BANKWR CC7587 PDAC RECRUITMENT FLYER43610001104417 9350 2/8/24 175.00
02/28/202411855932 US BANKWR CC7059 ICC PERMIT TECH EXAM43120001104421 9350 2/8/24 240.00
02/28/202411855932 US BANKWR CC7587 PANERA ARC 1/23/2443125001104470 9350 2/8/24 200.58
02/28/202411855932 US BANKWR CC4801 SAMS PDAC ITEMS48011002424549 9350 2/8/24 124.97
02/28/202411855932 US BANKWR CC5157-Impression Design48021012424549 9350 2/8/24 776.10
02/28/202411923493 P E R SWR PERS 26565 adjsmnt 02/09/202421611001100000 1002581933 1.20
02/28/202411989180 P E R SWR PERS 1105 01/26/202421611001100000 100000017380284 58,184.16
02/28/202411989180 P E R SWR Rounding 1105 01/26/202441115001104150 100000017380284 0.23
02/28/202411989182 P E R SWR PERS 26565 01/26/202421611001100000 100000017380336 51,429.46
02/28/202411989182 P E R SWR PERS Buyback 01/26/202421655001100000 100000017380336 194.32
02/28/202411989182 P E R SWR Rounding 26565 01/26/202441115001104150 100000017380336 0.33
02/28/202412776949 Empower Retirement LLCWR DEFERRED COMP PAYDAY 1/3/2421621001100000 1160182457 5,773.83
02/28/202412776949 Empower Retirement LLCWR Deferred Comp PayDay 1/31/2421623001100000 1160182457 16,370.96
02/28/202412776949 Empower Retirement LLCWR DEFERRED COMP PAYDAY 1/3/2410291006100000 1160182457 5,773.83
02/28/202412776949 Empower Retirement LLCWR Deferred Comp PayDay 1/31/2410293006100000 1160182457 16,370.96
02/28/202412776949 Empower Retirement LLCWR DEFERRED COMP PAYDAY 1/3/2421621006100000 1160182457 -5,773.83
02/28/202412776949 Empower Retirement LLCWR Deferred Comp PayDay 1/31/2421623006100000 1160182457 -16,370.96
02/28/202412776955 Empower Retirement LLCWR 401-A Retire PayDay: 1/31/2421622011100000 1160209227 11,970.77
02/28/202412776955 Empower Retirement LLCWR 401-A Retire PayDay: 1/31/2410292016100000 1160209227 11,970.77
02/28/202412776955 Empower Retirement LLCWR 401-A Retire PayDay: 1/31/2421622016100000 1160209227 -11,970.77
02/29/2024Report Date 3Page City and Housing
DocuSign Envelope ID: 88FC4AB5-17FF-423B-BC21-8CFAAE2F3AE9
63
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/1/2024 - 2/29/2024
City of Palm Desert
Account Number
02/28/202413390681 STATE OF CALIFORNIAWR PIT W/H PD: 02/09/202421602001100000 7620887 75.68
02/28/202413557626 REPLACEMENT BENEFIT FUNDWR 2024 RBF ORTEGA41115001104159 100000017399142 50,956.32
02/28/202413557632 REPLACEMENT BENEFIT FUNDWR 2024 RBF WOHLMUTH41115001104159 100000017393992 22,683.72
02/28/202414732600 P E R SWR PERS 1105 02/23/202421611001100000 100000017411381 59,326.10
02/28/202414732600 P E R SWR Rounding 1105 02/23/202441115001104150 100000017411381 0.23
02/28/202414732602 P E R SWR PERS 26565 02/23/202421611001100000 100000017411439 54,866.88
02/28/202414732602 P E R SWR PERS Buyback 02/23/202421655001100000 100000017411439 194.32
02/28/202414732602 P E R SWR Rounding 26565 02/23/202441115001104150 100000017411439 0.35
02/28/202415554707 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 01-31-2421616001100000 2505254877 1,065.84
02/28/202415554707 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 01-31-2421616001100000 2505254877 336.86
02/28/202416032965 STATE OF CALIFORNIAWR PIT W/H PD: 01/31/202421602001100000 7596804 21,398.10
02/28/202416142105 Empower Retirement LLCWR DEFERRED COMP PAYDAY 2/14/2421621001100000 1167166982 6,673.83
02/28/202416142105 Empower Retirement LLCWR Deferred Comp PayDay 2/28/2421623001100000 1167166982 20,348.14
02/28/202416142105 Empower Retirement LLCWR DEFERRED COMP PAYDAY 2/14/2410291006100000 1167166982 6,673.83
02/28/202416142105 Empower Retirement LLCWR Deferred Comp PayDay 2/28/2410293006100000 1167166982 20,348.14
02/28/202416142105 Empower Retirement LLCWR DEFERRED COMP PAYDAY 2/14/2421621006100000 1167166982 -6,673.83
02/28/202416142105 Empower Retirement LLCWR Deferred Comp PayDay 2/28/2421623006100000 1167166982 -20,348.14
02/28/202416142111 Empower Retirement LLCWR 401-A Retire PayDay: 2/28/2421622011100000 1167178949 13,526.13
02/28/202416142111 Empower Retirement LLCWR 401-A Retire PayDay: 2/28/2410292016100000 1167178949 13,526.13
02/28/202416142111 Empower Retirement LLCWR 401-A Retire PayDay: 2/28/2421622016100000 1167178949 -13,526.13
02/28/202416316197 US BANKWR CC7587 Air JH ICSC11501001100000 9350 2/14/2024 195.95
02/28/202416316197 US BANKWR CC7587 WSJ 2/6/2443620001104150 9350 2/14/2024 8.00
02/28/202416316197 US BANKWR CC5157 Kiefer Aquatics48011002424549 9350 2/14/2024 2,763.81
02/28/202416316197 US BANKWR CC2498 AquaShield Products48021012424549 9350 2/14/2024 2,948.04
02/28/202416405742 Empower Retirement LLCWR DEFERRED COMP PAYDAY 2/14/2421621001100000 1163657065 7,087.08
02/28/202416405742 Empower Retirement LLCWR Deferred Comp PayDay 2/14/2421623001100000 1163657065 20,419.03
02/28/202416405742 Empower Retirement LLCWR DEFERRED COMP PAYDAY 2/14/2410291006100000 1163657065 7,087.08
02/29/2024Report Date 4Page City and Housing
DocuSign Envelope ID: 88FC4AB5-17FF-423B-BC21-8CFAAE2F3AE9
64
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/1/2024 - 2/29/2024
City of Palm Desert
Account Number
02/28/202416405742 Empower Retirement LLCWR Deferred Comp PayDay 2/14/2410293006100000 1163657065 20,419.03
02/28/202416405742 Empower Retirement LLCWR DEFERRED COMP PAYDAY 2/14/2421621006100000 1163657065 -7,087.08
02/28/202416405742 Empower Retirement LLCWR Deferred Comp PayDay 2/14/2421623006100000 1163657065 -20,419.03
02/28/202416405748 Empower Retirement LLCWR 401-A Retire PayDay: 2/14/2421622011100000 1163683884 13,046.37
02/28/202416405748 Empower Retirement LLCWR 401-A Retire PayDay: 2/14/2410292016100000 1163683884 13,046.37
02/28/202416405748 Empower Retirement LLCWR 401-A Retire PayDay: 2/14/2421622016100000 1163683884 -13,046.37
02/28/202416619938 STATE OF CALIFORNIAWR PIT W/H PD: 02/14/202421602001100000 7630395 22,567.17
02/28/202416775420 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 02-29-2421616001100000 2505290557 1,065.84
02/28/202416775420 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 02-29-2421616001100000 2505290557 336.86
02/28/202416782592 P E R SWR PERS 1105 02/09/202421611001100000 100000017411360 58,655.26
02/28/202416782592 P E R SWR Rounding 1105 02/09/202441115001104150 100000017411360 0.22
02/28/202416782594 P E R SWR PERS 26565 02/09/202421611001100000 100000017411414 53,366.72
02/28/202416782594 P E R SWR PERS Buyback 02/09/202421655001100000 100000017411414 194.32
02/28/202416782594 P E R SWR Rounding 26565 02/09/202441115001104150 100000017411414 0.36
02/28/202418818436 P E R SWR PERS - 26565 02/29/202421611001100000 100000017411462 2,379.56
02/28/202418818438 P E R SWR PERS - 1105 02/29/202421611001100000 100000017411397 601.96
02/28/202419477833 STATE OF CALIFORNIAWR PIT W/H PD: 02/28/202421602001100000 7650248 22,997.29
02/28/202421474131 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 1/31/2421626001100000 6911076 6,109.66
02/28/202421474131 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 1/31/2410292006100000 6911076 6,109.66
02/28/202421474131 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 1/31/2421622006100000 6911076 -6,109.66
02/28/202422130111 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 2/06/2421626001100000 6841877 20.38
02/28/202422130111 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 2/06/2410292006100000 6841877 20.38
02/28/202422130111 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 2/06/2421622006100000 6841877 -20.38
02/28/202422562135 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 02/12/2421626001100000 6538166 226.40
02/28/202422562135 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 02/12/2410292006100000 6538166 226.40
02/28/202422562135 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 02/12/2421622006100000 6538166 -226.40
02/28/202423051863 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 2/14/2421626001100000 6253208 6,270.90
02/29/2024Report Date 5Page City and Housing
DocuSign Envelope ID: 88FC4AB5-17FF-423B-BC21-8CFAAE2F3AE9
65
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/1/2024 - 2/29/2024
City of Palm Desert
Account Number
02/28/202423051863 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 2/14/2410292006100000 6253208 6,270.90
02/28/202423051863 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 2/14/2421622006100000 6253208 -6,270.90
02/28/202426749580 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 2/28/2421626001100000 6022363 6,426.80
02/28/202426749580 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 2/28/2410292006100000 6022363 6,426.80
02/28/202426749580 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 2/28/2421622006100000 6022363 -6,426.80
02/28/202467317351 STERLING ADMINISTRATIONWR FSA HEALTH CARE 02/14/202421616001100000 759614 2,886.53
02/28/202467317351 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 02/14/202421616001100000 759614 1,438.32
Examined and Approved Total For Bank ID - WR
855,915.28City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
02/29/2024Report Date 6Page City and Housing
DocuSign Envelope ID: 88FC4AB5-17FF-423B-BC21-8CFAAE2F3AE9
66
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
3/1/2024 - 3/31/2024
City of Palm Desert
Account Number
03/31/202410010338 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 03/27/202421601001100000 93043957 57,909.38
03/31/202410010338 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 03/27/202421603001100000 93043957 16,848.38
03/31/202410013566 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 03/13/202421601001100000 62777350 60,507.62
03/31/202410013566 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 03/13/202421603001100000 62777350 16,981.07
03/31/202410015179 DEPARTMENT OF THE TREASURYWR Federal W/H P/D 03/08/202421601001100000 92707248 479.33
03/31/202410015179 DEPARTMENT OF THE TREASURYWR Medicare W/H P/D 03/08/202421603001100000 92707248 441.16
03/31/202410032722 STATE OF CALIFORNIAWR PIT W/H PD: 03/27/202421602001100000 7703497 23,915.94
03/31/202412384571 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 03-31-2421616001100000 2505323033 1,065.84
03/31/202412384571 TRANSAMERICA EMPLOYEE BENEFITSWR Supplmental Ins 03-31-2421616001100000 2505323033 336.86
03/31/202414078380 US BANKWR 7587-EB Riverside43125001104110 9350 3/25/24 92.55
03/31/202414078380 US BANKWR 7587-Panera43125001104134 9350 3/25/24 141.90
03/31/202414078380 US BANKWR 7587- Wall Street Journal43620001104150 9350 3/25/24 38.99
03/31/202414078380 US BANKWR City Wide Training43121011104154 9350 3/25/24 124.47
03/31/202414078380 US BANKWR 7587-Chipotle43121011104154 9350 3/25/24 316.53
03/31/202414078380 US BANKWR 7587- USA Today43630001104159 9350 3/25/24 9.99
03/31/202414078380 US BANKWR 7587 -Misk two domains Library43620011104190 9350 3/25/24 60.00
03/31/202414078380 US BANKWR 7587- Renew PAPA Pesticides43630001104300 9350 3/25/24 50.00
03/31/202414078380 US BANKWR 7059 - Olive Garden43125001104470 9350 3/25/24 193.90
03/31/202414917898 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Emp 02-202421608001100000 100000017458395 209,853.49
03/31/202414917898 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium CC 02-202421608001100000 100000017458395 7,454.83
03/31/202414917898 PUBLIC EMPLOYEES' RETIREMENTWR EMP ADJ 02/202421608001100000 100000017458395 -1,261.71
03/31/202414917898 PUBLIC EMPLOYEES' RETIREMENTWR Health Premium Retiree 02-202441190005764192 100000017458395 15,416.86
03/31/202415918177 STATE OF CALIFORNIAWR PIT W/H PD: 03/08/202421602001100000 7673457 71.28
03/31/202416246322 P E R SWR PERS 26565 03/22/202421611001100000 100000017447583 58,159.77
03/31/202416246322 P E R SWR PERS Buyback 03/22/202421655001100000 100000017447583 194.32
03/31/202416246322 P E R SWR Rounding 26565 03/22/202441115001104150 100000017447583 0.35
03/31/202416246324 P E R SWR Rounding 1105 03/22/202441115001104150 100000017447518 0.22
03/31/2024Report Date 1Page City and Housing
DocuSign Envelope ID: 20C4641B-2E92-46CF-B779-27B60FD16287
67
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
3/1/2024 - 3/31/2024
City of Palm Desert
Account Number
03/31/202416246324 P E R SWR PERS 1105 03/22/202421611001100000 100000017447518 58,346.98
03/31/202416421911 Empower Retirement LLCWR DEFERRED COMP PAYDAY 3/13/2421621001100000 1171883160 6,673.83
03/31/202416421911 Empower Retirement LLCWR Deferred Comp PayDay 3/13/2421623001100000 1171883160 21,342.04
03/31/202416421911 Empower Retirement LLCWR DEFERRED COMP PAYDAY 3/13/2410291006100000 1171883160 6,673.83
03/31/202416421911 Empower Retirement LLCWR Deferred Comp PayDay 3/13/2410293006100000 1171883160 21,342.04
03/31/202416421911 Empower Retirement LLCWR DEFERRED COMP PAYDAY 3/13/2421621006100000 1171883160 -6,673.83
03/31/202416421911 Empower Retirement LLCWR Deferred Comp PayDay 3/13/2421623006100000 1171883160 -21,342.04
03/31/202416421917 Empower Retirement LLCWR 401-A Retire PayDay: 3/13/2421622016100000 1171887225 -13,878.29
03/31/202416421917 Empower Retirement LLCWR 401-A Retire PayDay: 3/13/2410292016100000 1171887225 13,878.29
03/31/202416421917 Empower Retirement LLCWR 401-A Retire PayDay: 3/13/2421622011100000 1171887225 13,878.29
03/31/202416932197 Empower Retirement LLCWR Deferred Comp PayDay 3/27/2421623006100000 1175424988 -21,651.82
03/31/202416932197 Empower Retirement LLCWR DEFERRED COMP PAYDAY 3/27/2421621001100000 1175424988 6,673.83
03/31/202416932197 Empower Retirement LLCWR Deferred Comp PayDay 3/27/2421623001100000 1175424988 21,651.82
03/31/202416932197 Empower Retirement LLCWR DEFERRED COMP PAYDAY 3/27/2410291006100000 1175424988 6,673.83
03/31/202416932197 Empower Retirement LLCWR Deferred Comp PayDay 3/27/2410293006100000 1175424988 21,651.82
03/31/202416932197 Empower Retirement LLCWR DEFERRED COMP PAYDAY 3/27/2421621006100000 1175424988 -6,673.83
03/31/202416932203 Empower Retirement LLCWR 401-A Retire PayDay: 3/27/2421622016100000 1175426779 -14,593.31
03/31/202416932203 Empower Retirement LLCWR 401-A Retire PayDay: 3/27/2410292016100000 1175426779 14,593.31
03/31/202416932203 Empower Retirement LLCWR 401-A Retire PayDay: 3/27/2421622011100000 1175426779 14,593.31
03/31/202417156047 STATE OF CALIFORNIAWR PIT W/H PD: 03/13/202421602001100000 7683821 24,195.70
03/31/202417176522 P E R SWR Rounding 26565 03/08/202441115001104150 100000017447565 0.37
03/31/202417176522 P E R SWR PERS 26565 03/08/202421611001100000 100000017447565 55,560.19
03/31/202417176522 P E R SWR PERS Buyback 03/08/202421655001100000 100000017447565 194.32
03/31/202417176618 P E R SWR Rounding 1105 03/08/202441115001104150 100000017447495 0.22
03/31/202417176618 P E R SWR PERS 1105 03/08/202421611001100000 100000017447495 58,288.65
03/31/202417236092 RIVERSIDE COUNTY TRANSPORTATIONWR Fire Marshal Inspection43090002434195 INV-00269077 368.00
03/31/202417236092 RIVERSIDE COUNTY TRANSPORTATIONWR Fire Marshal Inspection43090002434195 INV-00267529 556.00
03/31/2024Report Date 2Page City and Housing
DocuSign Envelope ID: 20C4641B-2E92-46CF-B779-27B60FD16287
68
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
3/1/2024 - 3/31/2024
City of Palm Desert
Account Number
03/31/202417236092 RIVERSIDE COUNTY TRANSPORTATIONWR Fire Marshal Inspection43090002434195 INV-00267525 471.00
03/31/202417236092 RIVERSIDE COUNTY TRANSPORTATIONWR Fire Marshal Inspection43090002434195 INV-0267522 374.50
03/31/202417236092 RIVERSIDE COUNTY TRANSPORTATIONWR Fire Marshal Inspection43090002434195 INV-267521 471.00
03/31/202417236092 RIVERSIDE COUNTY TRANSPORTATIONWR Fire Marshal Inspection43090002434195 INV-00265846 289.50
03/31/202417236092 RIVERSIDE COUNTY TRANSPORTATIONWR Fire Marshal Inspection43090002434195 INV-00264734 386.00
03/31/202417309433 P E R SWR PERS - 1105 03/31/202421611001100000 100000017447540 601.96
03/31/202417309515 P E R SWR PERS - 26565 03/31/202421611001100000 100000017447602 2,379.56
03/31/202419226923 US BANKWR CC7587 USA TODAY43620001104150 9350 3/08/24 9.99
03/31/202419226923 US BANKWR CC7587 MISK DOMAIN REG43620011104190 9350 3/08/24 768.00
03/31/202419226923 US BANKWR CC7587 MENTIMETER SUBSCRIPTION43620011104190 9350 3/08/24 143.88
03/31/202419226923 US BANKWR CC7587 BLUECOSMO42191001104211 9350 3/08/24 66.95
03/31/202419226923 US BANKWR CC5157 PAPADAN'S PIZZA43125001104300 9350 3/08/24 220.82
03/31/202419226923 US BANKWR CC7059 CONSTRUCTION EXAM43120001104421 9350 3/08/24 795.00
03/31/202419226923 US BANKWR CC7059 REFUND LOCC REG R.GREG43120001104470 9350 3/08/24 -600.00
03/31/202419226923 US BANKWR CC7059 ICSC MEMEBERSHIP43120001104470 9350 3/08/24 975.00
03/31/202419226923 US BANKWR CC7059 ICSC - AIRFARE43120001104470 9350 3/08/24 205.96
03/31/202419226923 US BANKWR CC7059 ICSC - LODGING43120001104470 9350 3/08/24 287.99
03/31/202419226923 US BANKWR CC7059 LUNCH ARC MT 2.27.2443125001104470 9350 3/08/24 240.07
03/31/202419226923 US BANKWR CC7587 STUFF PZ ARC 2/13/2443125001104470 9350 3/08/24 216.02
03/31/202419226923 US BANKWR CC7059 GFOA MEMBERSHIP43630001104470 9350 3/08/24 150.00
03/31/202419226923 US BANKWR CC7059 FOOTREST44040001104470 9350 3/08/24 298.47
03/31/202419226923 US BANKWR CC5157 SCWQCB NOI SEC2950004552324370 9350 3/08/24 1,068.00
03/31/202419226923 US BANKWR CC5157 SCWQCB SVC FEE50004552324370 9350 3/08/24 29.37
03/31/202422521715 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 3/27/2421626001100000 6621691 6,741.26
03/31/202422521715 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 3/27/2410292006100000 6621691 6,741.26
03/31/202422521715 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 3/27/2421622006100000 6621691 -6,741.26
03/31/202428224407 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 03/08/2421626001100000 6563749 226.40
03/31/2024Report Date 3Page City and Housing
DocuSign Envelope ID: 20C4641B-2E92-46CF-B779-27B60FD16287
69
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
3/1/2024 - 3/31/2024
City of Palm Desert
Account Number
03/31/202428224407 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 03/08/2410292006100000 6563749 226.40
03/31/202428224407 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 03/08/2421622006100000 6563749 -226.40
03/31/202428850613 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 3/13/2421626001100000 6626879 6,501.78
03/31/202428850613 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 3/13/2410292006100000 6626879 6,501.78
03/31/202428850613 I C M A RETIREMENT TRUSTWR Retire Hlth Sv-PayDay 3/13/2421622006100000 6626879 -6,501.78
03/31/202467320707 STERLING ADMINISTRATIONWR FSA HEALTH CARE 02/28/202421616001100000 760799 2,786.53
03/31/202467320707 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 02/28/202421616001100000 760799 1,638.32
03/31/202467322754 STERLING ADMINISTRATIONWR FSA HEALTH CARE 03/13/202421616001100000 766204 3,086.53
03/31/202467322754 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 03/13/202421616001100000 766204 1,438.32
03/31/202467323136 STERLING ADMINISTRATIONWR INITIAL FUNDING FSA 202443090001104154 766578 8,662.97
03/31/202467324983 STERLING ADMINISTRATIONWR FSA HEALTH CARE 03/27/202421616001100000 767498 3,086.53
03/31/202467324983 STERLING ADMINISTRATIONWR FSA DEPENDANT CARE 03/27/202421616001100000 767498 1,438.32
03/31/202495433784 RDA SUCCESSOR AGENCYWR 2009A Bond Call 9/2343646002374511 2009A 090223 12,000.00
Examined and Approved Total For Bank ID - WR
809,182.87City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
03/31/2024Report Date 4Page City and Housing
DocuSign Envelope ID: 20C4641B-2E92-46CF-B779-27B60FD16287
70
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202400001743 ALLEN, FRANKW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 218.36
05/02/202400001744 AVERY, ANNW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 480.54
05/02/202400001745 BASSLER, THOMASW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001746 BISHOP, ROBERTW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 517.51
05/02/202400001747 BLYTHE, BARBARAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 187.20
05/02/202400001748 BO CHENW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 523.56
05/02/202400001749 BRADLEY, DEBRAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 742.39
05/02/202400001750 BROWN, MICHAELW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 730.85
05/02/202400001751 CECHIN, TERRYW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 711.31
05/02/202400001752 CEHR, DAVIDW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001753 CICCHINI, SUZANNEW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,066.96
05/02/202400001754 CONLON, PATRICK C.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001755 CRAWFORD, DANNYW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,810.13
05/02/202400001756 CROY, HOMERW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 369.65
05/02/202400001757 DARLING, GLORIAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 218.36
05/02/202400001758 HOLLINGER, DIANEW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001759 DIERCKS, MARKW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 125.84
05/02/202400001760 DOYLE, KARENW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 696.15
05/02/202400001761 DRELL, PHILIP D.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001762 ESPINOZA, JOSE LUISW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 2,088.61
05/02/202400001763 FANNING, JODIW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,022.98
05/02/202400001764 FENSKE, CHARLESW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001765 FERGUSON, JAMES C.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,368.86
05/02/202400001766 FLINT, DAVIDW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 189.25
05/02/202400001767 FOLKERS, RICHARD J.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 218.36
05/02/202400001768 GARCIA, MIGUELW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 730.85
05/02/202400001769 GARNER, PAGEW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,078.51
05/31/2024Report Date 1Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
71
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202400001770 GAUGUSH, CORAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001771 GIBSON, PAUL S.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001772 GODFREY, BEN ORRINW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001773 GOMEZ, DONNAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,579.45
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05/02/202400001775 GREENWOOD, MARKW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,579.45
05/02/202400001776 GRIFFIN, ROSALVAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 295.55
05/02/202400001777 HENDERSON, RHONDAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 878.22
05/02/202400001778 HERMANN, DAVIDW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,474.16
05/02/202400001779 HERNANDEZ, ANTHONYW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 730.85
05/02/202400001780 HERNANDEZ, CARLOSW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,579.45
05/02/202400001781 HOLTZ, GREGGW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001782 JOHNSON, SONDRAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
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05/02/202400001786 KILPATRICK, SHAWNW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,602.54
05/02/202400001787 KLASSEN, RACHELLE D.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,066.96
05/02/202400001788 KNIGHT, SPENCERW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001789 KNUTSON, LAURELW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 129.30
05/02/202400001790 LEAL, DIANAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,017.22
05/02/202400001791 LEON, PATRICIAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 730.85
05/02/202400001792 LONGMAN, ELIZABETH M.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 174.69
05/02/202400001793 MCBRIDE, CRAIGW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 218.36
05/02/202400001794 MCCARTHY, JUSTINW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 443.58
05/02/202400001795 METZ, THOMASW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,576.12
05/02/202400001796 MONROE, TONYAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 730.85
05/31/2024Report Date 2Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
72
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202400001797 MOORE, JANETW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,579.45
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05/02/202400001800 NIEMCZAK, JAYW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 101.60
05/02/202400001801 O'REILLY, MONICAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,060.17
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05/02/202400001806 ROCHA, GRACE L.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 817.47
05/02/202400001807 ROSAS, SERGIOW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,579.45
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05/02/202400001810 CHRISTIANSEN, SHARONW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 730.85
05/02/202400001811 SMITH, STEPHEN R.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001812 SZYMANSKI, BETTYW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,209.23
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05/02/202400001815 WALKER, DELW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 344.81
05/02/202400001816 WEIL, CHIN-YUW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 471.21
05/02/202400001817 WELLER, DENIW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202400001818 WHITE, BRYCEW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 203.80
05/02/202400001819 WILCOX, DARINW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 356.00
05/02/202400001820 WITTE, LOCKW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,070.56
05/02/202400001821 WOHLMUTH, JOHNW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 745.87
05/02/202400001822 ZAMARRIPA, AARONW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 730.85
05/02/202400001823 ZAMORA, FLORENTINO G.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 369.43
05/31/2024Report Date 3Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
73
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202400001824 ZATARAIN, ABELW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,360.50
05/02/202400001825 ZATARAIN, GERARDOW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 1,579.45
05/02/202400001826 Amazon Capital Services Inc.W1 Compressed Air-Council42110001104110 1193-H3GD-4QKQ 13.46
05/02/202400001826 Amazon Capital Services Inc.W1 Frame-WRF Certificate42110001104110 1JJM-FG4J-HRRC 21.42
05/02/202400001827 BEST BEST & KRIEGER LLPW1 MONTHLY RETAINER THRU 3/2443015001104120 993064 25,714.00
05/02/202400001827 BEST BEST & KRIEGER LLPW1 LIBRARY LGL SVC 3/2443015001104121 993063 1,051.10
05/02/202400001827 BEST BEST & KRIEGER LLPW1 ADDT'L MONTHLY LGL THRU 3/2443015001104121 993063 40,491.20
05/02/202400001827 BEST BEST & KRIEGER LLPW1 PERSONNEL LGL 3/2443016001104121 993062 2,171.60
05/02/202400001827 BEST BEST & KRIEGER LLPW1 HA LGL 3/2443015008714195 993000 672.00
05/02/202400001827 BEST BEST & KRIEGER LLPW1 Palm Comm Lgl 3/2423991008730000 992997 178.00
05/02/202400001827 BEST BEST & KRIEGER LLPW1 Palm Comm Lgl 3/2423991008730000 993000 204.60
05/02/202400001828 BURKE WILLIAMS & SORENSEN LLPW1 Econ Dev SLA LGL 2/2443015001104121 317320 446.25
05/02/202400001828 BURKE WILLIAMS & SORENSEN LLPW1 Econ Dev SLA LGL 3/2443015001104121 319342 866.25
05/02/202400001828 BURKE WILLIAMS & SORENSEN LLPW1 DESERT SURF LGL SVC 3/2422860006100000 319341 105.00
05/02/202400001829 CDW LLCW1 FY2324 USB Replacement44040005304190 QW38410 175.33
05/02/202400001830 Circuit Transit IncW1 Courtesy Carts for El Paseo43681001104416 3062 30,508.76
05/02/202400001831 FRIEDMAN IMAGINGW1 JE Years 2018-2022 Scanning43610001104150 2024013 3,000.00
05/02/202400001831 FRIEDMAN IMAGINGW1 JE Years 2018-2022 Scanning43610001104150 2024013 1,523.06
05/02/202400001832 HORIZON PROFESSIONAL LANDSCAPEW1 EXTRA WORK - DW PERIMETER43320004414195 6677 3,731.70
05/02/202400001833 INTERWEST CONSULTING GROUP INC.W1 DESIGN/ENG-LUPINE PLAZA FB2450009124514430 186471 27,435.00
05/02/202400001834 PALM DESERT CHAMBER OF COMMERCEW1 Conf- Seminars- Workshops 3/2743120001104430 75088 395.00
05/02/202400001834 PALM DESERT CHAMBER OF COMMERCEW1 Courtyard By Marriott Mix 4/3043125001104430 75096 10.00
05/02/202400001834 PALM DESERT CHAMBER OF COMMERCEW1 Business Breakfast Mix 5/1443125001104430 75096 30.00
05/02/202400001835 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - CORPYARD43090001104330 1699664 223.05
05/02/202400001835 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - CITY HALL43090001104340 1699664 169.27
05/02/202400001835 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - CITY HALL43090001104340 1699664 53.78
05/02/202400001835 PURE WATER PARTNERS LLCW1 1 WATER DISPENSER - PORTOLA CC43090001104344 1699664 74.35
05/31/2024Report Date 4Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
74
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202400001835 PURE WATER PARTNERS LLCW1 3 WATER DISPENSERS - FIRE STAT43310002304220 1699664 223.05
05/02/202400001835 PURE WATER PARTNERS LLCW1 1 WATER DISPENSER - SHERIFF SS43695005104195 1711316 74.35
05/02/202400001835 PURE WATER PARTNERS LLCW1 LATE FEES43090001104340 1699664 104.00
05/02/202402002775 ABS SANDBLASTING & PAINTINGW1 Trust-Aipp Community Walk22850106100000 9305 380.00
05/02/202402002776 ADT COMMERCIAL LLCW1 HALON SYSTEM INSP - SHERIFF43695005104195 154353768 900.00
05/02/202402002777 ANDERSON COMMUNICATION INCW1 FEB24 RADIO REPEATER SERVICE43650001104310 20243B 250.00
05/02/202402002777 ANDERSON COMMUNICATION INCW1 MAR24 RADIO REPEATER SERVICE43650001104310 20302B 250.00
05/02/202402002778 ANSER ADVISORY MANAGEMENT LLCW1 TO001385-Haystack-Mar24 Svcs50009092134565 23383 630.00
05/02/202402002778 ANSER ADVISORY MANAGEMENT LLCW1 TO005530-Section29-Mar24 Svcs50004552324370 23386 9,460.00
05/02/202402002778 ANSER ADVISORY MANAGEMENT LLCW1 TO001383-No Sphere FS 102-MR2444001002354270 23382 960.00
05/02/202402002778 ANSER ADVISORY MANAGEMENT LLCW1 TO001613 -One Quail Place MR2443311008714195 23384 22,777.50
05/02/202402002779 BEDROSIAN, PATRICKW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 203.80
05/02/202402002780 BRIGHT EVENT RENTALW1 04-18-24 Concert Garden Set Up43221001104417 777131 5,605.96
05/02/202402002781 CASH, PETTYW1 CC Mtg. Snacks 3.14.2443125001104110 E.CAST 3.13.24 62.63
05/02/202402002781 CASH, PETTYW1 CC Mtg. Snacks 3.28.2443125001104110 E.CAST 3.26.24 23.26
05/02/202402002781 CASH, PETTYW1 CC Mtg. Snacks 4.11.2443125001104110 E.CAST 4.11.24 69.81
05/02/202402002781 CASH, PETTYW1 CC Mtg. Snacks 4.25.2443125001104110 E.CAST 4.24.24 60.88
05/02/202402002781 CASH, PETTYW1 Library Outreach Supplies43125002524662 SHAFFER 4.15.24 43.00
05/02/202402002782 CASH, PETTYW1 03/08/24 CV Sync Coordination43125001104300 030824-MA 79.38
05/02/202402002782 CASH, PETTYW1 02/13/24 Operations Div Mtg43125001104300 021324-BE 13.18
05/02/202402002782 CASH, PETTYW1 02/29/24 Employee Appreciation43125001104300 022924-BE 19.98
05/02/202402002782 CASH, PETTYW1 02/29/24 Employee Appreciation43125001104300 022924-DR 17.16
05/02/202402002782 CASH, PETTYW1 03/12/24 Operations Orv Mtg43125001104300 031224-8 13.28
05/02/202402002782 CASH, PETTYW1 03/12/24 Forklift Training43125001104300 031224-DR 57.88
05/02/202402002782 CASH, PETTYW1 03/21-22/24 UNSP / Slaughter43125001104300 032124-SM 49.95
05/02/202402002782 CASH, PETTYW1 03/20/24 lnterdept Mtg43125001104300 032024-MA 83.05
05/02/202402002782 CASH, PETTYW1 03/26/24 Desert Surf Mtg43125001104300 032624-MA 109.20
05/31/2024Report Date 5Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
75
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202402002782 CASH, PETTYW1 04/01/24 Park / Rec Mtg43125001104300 040124 SM 14.08
05/02/202402002782 CASH, PETTYW1 04/09/24 Vision Zero Outreach43125001104300 040924-CG 44.71
05/02/202402002782 CASH, PETTYW1 04/10/24 Walk N Roll Outreach43125001104300 041024-LL 21.96
05/02/202402002782 CASH, PETTYW1 04/11/24 Cartegraph Training43125001104300 041124-MP 18.28
05/02/202402002782 CASH, PETTYW1 04/16/24 ATP Mtg43125001104300 041624-LL 17.57
05/02/202402002782 CASH, PETTYW1 02/26/24 Forklift Propane42170001104331 022624-BC 26.90
05/02/202402002782 CASH, PETTYW1 02/26/24 Vehicle CARS Fee #1143340001104331 022624-0R 30.00
05/02/202402002782 CASH, PETTYW1 02/26/24 Vehicle CARS Fee #0943340001104331 022624-0R 30.00
05/02/202402002782 CASH, PETTYW1 02/26/24 Vehicle CARS Fee #1243340001104331 022624-0R 30.00
05/02/202402002782 CASH, PETTYW1 02/26/24 PROCESS FEE43340001104331 022624-0R 2.69
05/02/202402002783 CBRE INCW1 Appraisal-vacant land Palms Co23991008730000 018209-2-24 2,500.00
05/02/202402002784 CHARTER COMMUNICATIONSW1 APR24 Internet Services43650001104190 0345093041624 534.00
05/02/202402002784 CHARTER COMMUNICATIONSW1 APR24 Corp Yard Internet43650001104190 1093262040724 88.00
05/02/202402002785 CHRISP COMPANYW1 WALK AND ROLL PH 1 - MR24 SVCS50001032134633 28501 202,661.00
05/02/202402002786 CONSOLIDATED ELECTRICALW1 ELECTRICAL SUPPLIES - FS #6743310002304220 5725-1116717 251.49
05/02/202402002787 DEPARTMENT OF CONSERVATIONW1 2024 Q3 SMIP FEES22840006100000 202403 3,967.44
05/02/202402002787 DEPARTMENT OF CONSERVATIONW1 2024 Q3 5% ADMIN FEE22840006100000 202403 -198.37
05/02/202402002788 DESERT ELECTRIC SUPPLYW1 R/M BUILDING SUPPLIES-CORPYARD43310001104330 S3180964.001 153.50
05/02/202402002788 DESERT ELECTRIC SUPPLYW1 R/M BUILDING SUPPLIES43310001104340 S3185419.001 200.03
05/02/202402002789 DESERT RECYCLING INCW1 RECYCLING FACILITY DISPOSAL43320001104310 17693 117.00
05/02/202402002790 DOKKEN ENGINEERINGW1 ENG SVS BDG MNT P759-21 JL2344001002134359 43998 4,987.50
05/02/202402002790 DOKKEN ENGINEERINGW1 ENG SVS BDG MNT P759-21 AG2344001002134359 44343 20,300.00
05/02/202402002791 DOWNBEAT LA LLCW1 05-09-24 CONCERT THE A-LIST43061011104416 DOWNBEAT 5/9 CRT 8,000.00
05/02/202402002792 FIESTA FORDW1 VEHICLE REPAIRS43340001104331 552509 787.66
05/02/202402002793 GANNETT CALIFORNIA LOCALIQW1 Legal Adv Mar2443210001104111 0006341764 2,894.67
05/02/202402002794 GLOBAL CTI GROUP INC.W1 Mitel Trouble Shoot 4/17/2443360001104190 170263 75.00
05/02/202402002795 GOODWIN, SHELBYW1 Event Supplies43061011104416 GOODWIN MISC SUP 142.19
05/31/2024Report Date 6Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
76
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202402002795 GOODWIN, SHELBYW1 HD Food permits May Concerts43061011104416 DEPT OF HEALTH 694.07
05/02/202402002796 GREATER COACHELLA VALLEYW1 Quintanilla GCVCC Student Year43125001104110 19768864 30.00
05/02/202402002797 JOHN KALISKI ARCHITECTS INCW1 ODS MAR-2443090001104470 6776 2,378.97
05/02/202402002798 JTB SUPPLY COMPANY INC.W1 TRAFFIC SUPPLIES43325001104250 113223 439.41
05/02/202402002799 KINCAID INDUSTRIES INCW1 R/M PLUMBING - HOMME ADAMS43310001104611 5421 467.24
05/02/202402002799 KINCAID INDUSTRIES INCW1 R/M PLUMBING - PARKS43310001104611 5428 644.26
05/02/202402002800 LAUTZENHISER'S STATIONERY INCW1 MINUTE PAPER42110001104470 13113 651.89
05/02/202402002801 LITTLE FREE LIBRARY LTDW1 5 Little Libraries44001004524136 126423 3,369.52
05/02/202402002802 MAXWELL SECURITY SERVICESW1 AFTER-HOURS ALARM RESPONSE43090001104340 2404181 400.00
05/02/202402002803 MERCHANTS BUILDINGW1 APR24 JANITORIAL - CORPYARD43310001104330 795980 2,667.98
05/02/202402002803 MERCHANTS BUILDINGW1 APR24 JANITORIAL - CITY HALL43326001104340 795980 8,569.46
05/02/202402002803 MERCHANTS BUILDINGW1 APR24 JANITORIAL - PORTOLA CC43310001104344 795980 1,347.88
05/02/202402002803 MERCHANTS BUILDINGW1 APR24 JANITORIAL - iHUB43950004254430 795980 2,028.71
05/02/202402002803 MERCHANTS BUILDINGW1 APR24 JANITORIAL - SHERIFF CTR43695005104195 795980 6,572.34
05/02/202402002803 MERCHANTS BUILDINGW1 APR24 JANITORIAL - PARKVIEW B43696015104195 795980 7,943.77
05/02/202402002803 MERCHANTS BUILDINGW1 APR24 JANITORIAL - STATE BLDG43696025104195 795980 5,984.70
05/02/202402002803 MERCHANTS BUILDINGW1 APR24 JANITORIAL - HENDERSON43698005104195 795980 988.10
05/02/202402002803 MERCHANTS BUILDINGW1 EXTRA JANITORIAL SRVS- PORTOLA43310001104344 797739 384.00
05/02/202402002804 MODERN MISTING SYSTEMSW1 MISTERS SERVICES - CC PARK43321001104610 13840 2,616.46
05/02/202402002805 MULHOLLAND CONSULTING GROUP LLCW1 Writing class E Powell43120001104430 1234 1,197.00
05/02/202402002806 OSBORN, LINDAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 218.36
05/02/202402002807 PALM DESERT CHARTERW1 MOU AFTER SCHOOL CARE YR343892011104800 YEAR 3 23/24 75,000.00
05/02/202402002808 PALMER ELECTRICW1 ELECT REPAIRS - CC PARK43321001104610 5510 1,093.42
05/02/202402002809 PENTA, RYLANDW1 Civic Acdmy Sapporro 4/21/2443125001104417 RPENT REI4.21.24 500.00
05/02/202402002809 PENTA, RYLANDW1 Civic Acdmy food 4/21/2443125001104417 RPENT REI4.21.24 66.70
05/02/202402002809 PENTA, RYLANDW1 Civic Academy Jts Dinner 4/1543125001104417 RPENT REIM 4.15.452.55
05/02/202402002810 PORTOLA PALMS HOMEOWNERSW1 HOA Fee for Portola Palms #12943370008734195 MAY24 1922585 330.00
05/31/2024Report Date 7Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
77
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202402002810 PORTOLA PALMS HOMEOWNERSW1 HOA Fees for Portola Palms #7343370008734195 MAY24 1922815 330.00
05/02/202402002811 POWELL, ERICAW1 Public Art Film Series Burn Ma42190004364650 COSTCO BURN MAN 69.93
05/02/202402002812 Quality Office Furnishings IncW1 Workstations & Installation44001004504161 13037-2309-CPD 55,443.73
05/02/202402002813 QUINN COMPANYW1 EXTRA GNRTRS SVCS - CORPYARD43310001104330 WOG00019473 2,613.60
05/02/202402002814 RESOURCE ENVIRONMENTAL INCW1 RTNT P116930/HA4666020600002140000 RTNT 23066-1 -2,178.76
05/02/202402002814 RESOURCE ENVIRONMENTAL INCW1 Demo 45663 Portola RE23-06643901012144490 23066-1 41,000.00
05/02/202402002814 RESOURCE ENVIRONMENTAL INCW1 45663 Portola-unforeseen asbes43901012144490 23066-1 2,575.13
05/02/202402002815 SHASTA FIRE PROTECTIONW1 ALARM SERVICES - ARTISTS CENT43885001104800 8634 650.00
05/02/202402002815 SHASTA FIRE PROTECTIONW1 ANNUAL FIRE SYST INSP-SHERIFF43695005104195 8625 550.00
05/02/202402002816 SKYLINE SAFETY AND SUPPLYW1 STREET MAINT SUPPLIES42190001104310 8275 1,104.57
05/02/202402002817 SO CAL GASW1 74605 42nd Ave SHOP43512001104330 05382896149-AP24 69.50
05/02/202402002817 SO CAL GASW1 73510 FW City Hall43512001104340 20092710001-FB24 564.26
05/02/202402002817 SO CAL GASW1 73510 FW City Hall43512001104340 20092710001-MR24 192.81
05/02/202402002817 SO CAL GASW1 73751 Magnesia Falls - POOL43512002424549 13149517933-MR24 9,381.38
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 iHUB SCE (3/5 - 4/3)43950004254430 700423102627AP24 1,155.75
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (14) SHEPHERD N/O CHINOOK43514001104250 700413950271MR24 14.52
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (16) A STREET S/O 42ND43514001104250 700413950271MR24 27.94
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (21) DAISY/SHEPARD43514001104250 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (28) ALPINE / SHEPHERD43514001104250 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (29) (Shepard Lane / Scholar L43514001104250 700413950271MR24 27.94
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (32) (Jeri Lane)43514001104250 700413950271MR24 14.52
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (33) SHEPHERD /PORTOLA43514001104250 700413950271MR24 14.52
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (34) PETUNIA ll (Windflower/Sh43514001104250 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (35) COLLEGE VIEW lll (Acad/Sh43514001104250 700413950271MR24 43.42
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (6) PARKVIEW ESTATES43514002724374 700413950271MR24 441.79
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (3) Desert Mirage (38601 Cook)43510002734680 700017585033MR24 18.46
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (7) DESERT MIRAGE/COOK43514002734680 700413950271MR24 70.61
05/31/2024Report Date 8Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
78
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (8) SANDCASTLES43514002734681 700413950271MR24 160.69
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (4) Primrose (75530 Hovley)43510002734682 700017585033MR24 14.29
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (12) HOVLEY/HEMMINGWAY43514002734682 700413950271MR24 19.12
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (25) DIAMONDBACK43514002754643 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (21) Monterey Meadows (73100 H43510002754680 700017585033MR24 14.47
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (1) MONTEREY / MEAD. ASSMT43514002754680 700413950271MR24 70.05
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (20) The Glen (40730 M)43510002754681 700017585033MR24 14.47
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (18) Hovley Estates (40962 C /43510002754682 700017585033MR24 31.07
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (19) Sonata I (40794)43510002754683 700017585033MR24 14.88
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (3) SONATA-HOVLEY43514002754683 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (5) Sonata II (73500 Hovley)43510002754684 700017585033MR24 15.13
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (4) HOVLEY-POSADA-FONDA43514002754684 700413950271MR24 29.05
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (7) Hovley Collection (73145 H43510002754685 700017585033MR24 28.94
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (10) HOVLEY COLLECTION43514002754685 700413950271MR24 29.05
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (8) La Paloma I (40970 A/7362543510002754686 700017585033MR24 29.35
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (13) AVE ARCADIA/HOVLEY43514002754686 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (10) La Paloma II (40970 Rosar43510002754687 700017585033MR24 14.47
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (17) AVE. ROSARIO/HOVLEY43514002754687 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (14) La Paloma III (40741 Sola43510002754693 700017585033MR24 14.47
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (11) Sandpiper (40751 / 40972)43510002754694 700017585033MR24 28.94
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (22) HOVLEY LN/SANDPIPER43514002754694 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (12) Sandpiper West (40753 / 443510002754695 700017585033MR24 29.35
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (23) HOVLEY LN/SANDPIPER W43514002754695 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (13) Hovley West (40762 Hov)43510002754696 700017585033MR24 16.07
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (24) 40764 HOVLEY CT43514002754696 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (18) PALM CT/HOVLEY LN43514002754697 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (1) Canyon Cove (Calliandra)43510002764374 700017585033MR24 32.65
05/31/2024Report Date 9Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
79
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (2) HAYSTACK LIGHTING DIST.43514002764374 700413950271MR24 32.17
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (22) Presidents Plaza E/W43514002774373 700017585033MR24 556.46
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (2) Vineyards (43430 Stony)43510002784374 700017585033MR24 14.47
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (5) VINEYARDS43514002784374 700413950271MR24 115.65
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (6) The Grove (44225 Deep Cyn)43510002814374 700017585033MR24 30.00
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (9) GROVE43514002814374 700413950271MR24 341.45
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (15) Presidents Plaza III (73143514002824373 700017585033MR24 707.80
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (23) Presidents Plaza III (73143514002824373 700017585033MR24 75.54
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (17) Portola Place (44221)43510002834374 700017585033MR24 14.47
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (9) Kaufman/Broad (73502 FS)43510002854374 700017585033MR24 15.66
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (19) FRANK SINATRA W/O PORTOLA43514002854374 700413950271MR24 29.05
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (20) COLLEGE VIEW/SHEPPARD43514002874374 700413950271MR24 27.94
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (30) SUNDANCE W (Kokopelli / S43514002874681 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (26) PETUNIA I (Petunia / Shep43514002874682 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (27) PETUNIA I (W Petunia/Shep43514002874682 700413950271MR24 13.97
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (31) SUNDANCE E (Chinook / She43514002874683 700413950271MR24 14.52
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (16) Palm Desert CC (77925 Sta43510002994374 700017585033MR24 24.03
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (11) PALM DESERT C.C.43514002994374 700413950271MR24 3,151.41
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 (15) MICHIGAN / CA43514002994374 700413950271MR24 102.17
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 PD Srv Area 19 LS-1-E43514001104250 700400365524MR24 2,922.81
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 PD Srv Area 19 LS-1-E-Late fee43514001104250 700400365524MR24 17.30
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 Traffic lamps LS-243514001104250 700524045271MR24 340.24
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 Traffic lamps LS-2-Late Fee43514001104250 700524045271MR24 2.03
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 Street lites LS-343514001104250 600001510277MR24 5,365.32
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 Street lites LS-3-Late fee43514001104250 600001510277MR24 1.94
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 42991 1/2 San Pablo43514001104250 700653799848AP24 31.94
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 73510 FW City Hall43514001104340 700116008610AP24 9,198.32
05/31/2024Report Date 10Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
80
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 73510 FW City Hall-Late fee43514001104340 700116008610AP24 50.87
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 45480 Portola CC43514001104344 700418878578MR24 368.10
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 73710 FW Pumpstation43514001104610 700169234934AP24 6,018.24
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 73710 FW Pumpstation- late fee43514001104610 700169234934AP24 29.91
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 73510 FW PARKS43514001104611 700530811124MR24 1,630.87
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 43980 1/2 San Pablo Rd43514001104614 700339281893AP24 8,798.11
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 Street Power PEDESTALS43514001104614 700019019320MR24 2,972.69
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 43556 1/2 San Pablo43514001104614 700654070741AP24 5.64
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 72567 Highway 111 Artist Ctr43885001104800 700773993861MR24 1,805.99
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 73751 Magnesia Falls Dr POOL43514002424549 700019219986AP24 10,405.56
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 73751 Magnesia Falls POOL-Late43514002424549 700019219986AP24 59.65
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 73720 FW STE 100A43514005104195 700066496069AP24 975.85
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20443514005104195 700835256536AP24 27.33
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 73710 FW STE20043514005104195 700835292306AP24 1,043.44
05/02/202402002818 SOUTHERN CALIFORNIA EDISONW1 72559 Hwy 111 Unit A43698005104195 700044643888MR24 673.97
05/02/202402002819 SUNLINE TRANSIT AGENCYW1 BUS SHELTER MAINT43320001104310 INV07663 6,413.76
05/02/202402002820 SUPERIOR READY MIX CONCRETEW1 STREET MAINT SUPPLIES42190001104310 412341 1,703.07
05/02/202402002821 THERMAL TRUCK AND RVW1 FLEET SRVC REPAIR-VEH#8743340001104331 27058 1,203.03
05/02/202402002821 THERMAL TRUCK AND RVW1 FLEET SRVC REPAIR-VEH#14043340001104331 27057 200.93
05/02/202402002822 TOPS N BARRICADES INC.W1 STREET MAINT SUPPLIES42190001104310 1105831 514.70
05/02/202402002822 TOPS N BARRICADES INC.W1 ADDITIONAL FUNDS FOR VARIOUS S42190001104310 1105831 211.97
05/02/202402002822 TOPS N BARRICADES INC.W1 STREET MAINT SUPPLIES42190001104310 1106110 299.06
05/02/202402002822 TOPS N BARRICADES INC.W1 STREET MAINT SUPPLIES42190001104310 1106111 679.69
05/02/202402002823 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5678104 1,027.94
05/02/202402002823 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5679044 1,370.58
05/02/202402002824 WHITE CAP LPW1 STREET MAINT SUPPLIES42190001104310 50025889471 521.92
05/02/202402002824 WHITE CAP LPW1 STREET MAINT SUPPLIES42190001104310 50025889260 198.12
05/31/2024Report Date 11Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
81
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202402002824 WHITE CAP LPW1 STREET MAINT SUPPLIES42190001104310 50025907269 695.96
05/02/202402002824 WHITE CAP LPW1 STREET MAINT SUPPLIES42190001104310 50025923437 887.70
05/02/202402002824 WHITE CAP LPW1 STREET MAINT TOOLS42190001104310 50025961966 93.93
05/02/202402002824 WHITE CAP LPW1 STREET MAINT SMALL GENERATOR42190001104310 50026044457 1,141.86
05/02/202402002825 WRIGHT, BARBARAW1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 218.36
05/02/202402002826 XEROX FINANCIAL SERVICESW1 3TX403772 3/30-4/29 Lease43420001104190 5614877 191.98
05/02/202402002827 XPRESS GRAPHICSW1 San Pablo Meeting Flyer43610001104417 24-59298 54.48
05/02/202402002827 XPRESS GRAPHICSW1 Library table throw43223011104417 24-61791 364.24
05/02/202402002827 XPRESS GRAPHICSW1 PD Decals43223011104417 24-61618 882.35
05/02/202402002827 XPRESS GRAPHICSW1 March Coffee with the Mayor43610001104417 24-60458 61.78
05/02/202402002827 XPRESS GRAPHICSW1 Postcard Mailing43223011104417 24-59846 872.66
05/02/202402002828 YRIGOYEN, DAVID L.W1 RETIREE HEALTH STIPEND May-2441190005764192 5/1/2024 554.47
05/02/202402002829 YUNEX LLCW1 RTNT P116854/C4546020600002130000 RTNT 90001775 -13,189.70
05/02/202402002829 YUNEX LLCW1 TRAFFIC SIGN MODS AND HARDWARE50009062134250 90001775 244,995.00
05/02/202402002829 YUNEX LLCW1 CO#1 - TRAFFIC SIGNAL MODS50009062134250 90001775 18,799.00
05/02/202402002830 ZUMAR INDUSTRIES INC.W1 R/M STREET SUPPLIES43320001104310 9033 1,361.96
Examined and Approved Total For Bank ID - W1
1,061,504.67City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
05/31/2024Report Date 12Page City and Housing
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
82
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/2/2024 - 5/31/2024
City of Palm Desert
Account Number
05/02/202400002534 BURKE WILLIAMS & SORENSEN LLPW3 Econ Dev SLA LGL 2/2443015007034121 317320 446.25
05/02/202400002534 BURKE WILLIAMS & SORENSEN LLPW3 Econ Dev SLA LGL 3/2443015007034121 319342 866.25
Examined and Approved Total For Bank ID - W3
1,312.50City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
05/31/2024Report Date 13Page Successor Agency
DocuSign Envelope ID: 322CF083-0B07-46CB-85B1-4BCCBA809A65
83
84
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202400001837 AIR EXCHANGE INCW1 EXHAUST SYSTEM REPAIR-FS 6743310002304220 91611995 650.75
05/09/202400001838 ALLIANT INSURANCE SERVICES INCW1 Insurance for Concerts in the43061011104416 2634832 2,562.00
05/09/202400001839 Amazon Capital Services Inc.W1 Tape disp, Cork board42110001104130 1DLG-LVKR-XRCF 37.16
05/09/202400001839 Amazon Capital Services Inc.W1 Desktop Reference42110001104150 1DLG-LVKR-XRCF 45.89
05/09/202400001839 Amazon Capital Services Inc.W1 Sales Tax Voting Boxes (3)43093001104159 1DLG-LVKR-XRCF 206.82
05/09/202400001839 Amazon Capital Services Inc.W1 Moving Boxes42110001104470 1DLG-LVKR-XRCF 90.46
05/09/202400001839 Amazon Capital Services Inc.W1 Library Books42112002524662 1DLG-LVKR-XRCF 1,192.84
05/09/202400001840 AVENU MUNISERVICES LLCW1 STARS Svcs 2023 4 Quarters43090001104159 INV06-018592 1,135.37
05/09/202400001840 AVENU MUNISERVICES LLCW1 Annual CPI adjustment43090001104159 INV06-018592 4.26
05/09/202400001841 C V A GW1 APRIL 2024 TUMF22825006100000 PDTUMF042024 99,240.00
05/09/202400001842 CDW LLCW1 Backpack for tech supplies42120001104190 QT55599 17.02
05/09/202400001842 CDW LLCW1 FY2324 Equipment Replacement44040005304190 QX84192 1,065.19
05/09/202400001842 CDW LLCW1 USB-A Cable42120001104190 QT63392 16.43
05/09/202400001842 CDW LLCW1 HP728 Ink42120001104190 QW25602 318.50
05/09/202400001842 CDW LLCW1 Backpacks for tech supplies42120001104190 QT40805 119.17
05/09/202400001842 CDW LLCW1 FY2324 Headset replacement44040005304190 QX64314 292.26
05/09/202400001842 CDW LLCW1 FY2324 Equipment Replacement44040005304190 QZ52091 190.23
05/09/202400001842 CDW LLCW1 FY2324 Keyboard Replacement44040005304190 QZ54570 76.16
05/09/202400001842 CDW LLCW1 FY2324 Equipment Replacement44040005304190 RB10670 332.24
05/09/202400001842 CDW LLCW1 FY2324 Equipment Replacement44040005304190 RB15199 198.96
05/09/202400001843 COACHELLA VALLEY CONSERVATIONW1 APRIL 2024 MSHCP22808006100000 PDMSHCP042024 58,500.00
05/09/202400001843 COACHELLA VALLEY CONSERVATIONW1 LESS1% ADMIN FEE22808006100000 PDMSHCP042024 -585.00
05/09/202400001844 CORONA CLAY COMPANYW1 FREEDOM FIELD STORM REPAIR42191001104159 15481 2,184.38
05/09/202400001845 FEDERAL EXPRESS CORP.W1 Mike Rowe FedEx PMW24-000143660001104130 8-481-77848 21.20
05/09/202400001846 HIGH TECH IRRIGATION INC.W1 IRRIGATION SUPPLIES- HOVLEY43320011104611 789700 5.82
05/09/202400001846 HIGH TECH IRRIGATION INC.W1 FERTILIZER - EL PASEO LMA 943370011104614 790173 176.18
05/09/202400001846 HIGH TECH IRRIGATION INC.W1 IRRIGATION SUPPLIES - EL PASEO43370011104614 790805 96.21
05/31/2024Report Date 1Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
85
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202400001846 HIGH TECH IRRIGATION INC.W1 FERTILIZER-HAYSTACK43321002764374 790174 250.69
05/09/202400001846 HIGH TECH IRRIGATION INC.W1 IRRIGATION SUPPLIES-LMA 943370011104614 790348 57.32
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 DESERT MIRAGE43320002734680 6702 516.65
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 PRIMEROSE II43320002734682 6702 325.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 DIAMONDBACK43320002754643 6702 112.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA MONTEREY MEADOWS43320002754680 6702 141.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 THE GLEN43320002754681 6702 291.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 HOVLEY ESTATES43320002754682 6702 145.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 SONATA I43320002754683 6702 339.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 SONATA II43320002754684 6702 466.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 HOVLEY COLLECTION43320002754685 6702 366.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 LA PALOMA I43320002754686 6702 154.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 LA PALOMA II43320002754687 6702 154.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 LA PALOMA III43320002754693 6702 137.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 SANPIPER COURT43320002754694 6702 166.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 SANPIPER COURT WEST43320002754695 6702 166.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 HOVLEY COURT WEST43320002754696 6702 235.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 PALM COURT43320002754697 6702 112.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7PP 1 & II43320002774373 6702 2,245.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 VINEYARDS43320002784374 6702 225.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 WARING COURT43320002794374 6702 208.25
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 PALM GATE43320002804374 6702 125.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 THE GROVE43320002814374 6702 487.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 PP III43320002824373 6702 526.60
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 PORTOLA PLACE43320002834374 6702 208.25
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 KAUFMAN N BROAD43320002854374 6702 958.25
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 CANYON CREST43320002864374 6702 279.00
05/31/2024Report Date 2Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
86
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 ALMA 7 COLLEGE VIEW II43320002874374 6702 300.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 THE BOULDERS43320002874680 6702 500.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 SUNDANCE WEST43320002874681 6702 270.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 PETUNIA I43320002874682 6702 350.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 SUNDANCE EAST43320002874683 6702 150.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 COLLEGE VIEW EST I43320002874684 6702 270.50
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 EXTRA WORK - PP I / II43321002774373 6706 1,520.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 AP24 LMA 7 PALM DESERT CC43320002994374 6702 500.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 EXTRA WORK - PP I / II43321002774373 6713 1,680.00
05/09/202400001847 HORIZON PROFESSIONAL LANDSCAPEW1 EXTRA WORK - PP III43321002824373 6715 270.00
05/09/202400001848 HR GREEN PACIFIC INCW1 DW FIRECLIFF INSP N CONSTR MGM48092004414195 173756 13,802.50
05/09/202400001848 HR GREEN PACIFIC INCW1 PROVIDE TRAFFIC ENG AND SVS50009062134250 173758 12,437.00
05/09/202400001848 HR GREEN PACIFIC INCW1 BLDG PLAN CKS 3/1 - 3/31/2443010001104420 173796 3,175.53
05/09/202400001848 HR GREEN PACIFIC INCW1 Ph H: Engr Des Manual MAR 202443011501104130 173795 7,977.50
05/09/202400001848 HR GREEN PACIFIC INCW1 AM #8 ADDL ENG 7/31/23-3/22/2450004552324370 173504 29,203.00
05/09/202400001849 IDEA PEDDLER LLCW1 Media Buys - Mar24/Apr2443221001104417 2475 213,550.05
05/09/202400001850 IMPRESSION DESIGNW1 SAFETY VEST-STREETS42140001104310 15515 510.00
05/09/202400001850 IMPRESSION DESIGNW1 HATS - STREETS43320001104310 15545 452.29
05/09/202400001851 INTERWEST CONSULTING GROUP INC.W1 PD UNSP UPDATE-MAR 2443005001104470 306274 16,032.83
05/09/202400001851 INTERWEST CONSULTING GROUP INC.W1 PD UNSP UPDATE-FEB 2443005001104470 277375 9,127.50
05/09/202400001852 KIMLEY-HORN AND ASSOCIATES INC.W1 TRAFFIC OPERATION - AMEND 250009072134250 27770374 14,547.02
05/09/202400001853 MARIPOSA LANDSCAPES INCW1 LMA 1 ALLOWABLE EXTRA WORK43370011104614 107354 3,443.30
05/09/202400001853 MARIPOSA LANDSCAPES INCW1 August '23 Weather Event: Medi42191001104159 106862 2,831.80
05/09/202400001853 MARIPOSA LANDSCAPES INCW1 August '23 Weather Event: Medi42191001104159 106864 3,689.81
05/09/202400001853 MARIPOSA LANDSCAPES INCW1 August '23 Weather Event: Medi42191001104159 107355 3,165.19
05/09/202400001854 OPENGOV INCW1 Enterprise Asset Managment FY214301001100000 INV13466 3,782.50
05/09/202400001854 OPENGOV INCW1 Enterprise Asset Management FY43620011104190 INV13466 2,269.50
05/31/2024Report Date 3Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
87
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202400001855 PRICE'S NURSERY & GARDENW1 ON CALL CRAIN SERVICES44001004004618 00030692 1,725.00
05/09/202400001856 RHYTHM TECH PRODUCTIONS LLCW1 Audio Visual 5/9/24 concert43061011104416 1310 5/9 CONCERT 3,000.00
05/09/202400001857 RIVERSIDE COUNTY FIRE DEPT.W1 SHADE STRUCT FIRE REVIEW-PALMA44001002204649 INV-00272114 696.00
05/09/202400001858 SIGNARAMAW1 BUMP AND GRIND SELFIE STATION44001004004618 INV-119364 9,334.20
05/09/202400001859 SINATRA & COOK PROJECT LLCW1 iHUB Rent - Month 51 out of 8443450004254430 MNTH51MAY2024 17,632.81
05/09/202400001860 STAPLES BUSINESS ADVANTAGEW1 Calculator & Stapler42110001104150 6001760235 62.16
05/09/202400001860 STAPLES BUSINESS ADVANTAGEW1 Copy Paper QTY842110001104159 6001760235 430.78
05/09/202400001860 STAPLES BUSINESS ADVANTAGEW1 Supplies for Supply Room42110001104159 6001760235 34.27
05/09/202400001861 VERIZON WIRELESS SERVICES LLCW1 Verizon MIFI Mar29-Apr2822899501100000 9962779507 1,073.78
05/09/202400001861 VERIZON WIRELESS SERVICES LLCW1 Verizon MAR24-APR2322899501100000 9962389950 5,296.43
05/09/202400001862 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - PARKS43320011104611 232883 2,247.66
05/09/202400001862 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - COMM GAR43910001104611 232879 2,378.97
05/09/202400001862 VINTAGE ASSOCIATESW1 LMA 16 EXTRA WORK - HAYSTACK43321002764374 232882 401.15
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 16 LANDSMAINT - PARKS43320011104611 232574 26,098.00
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 16 COURT MAINT-PARKS43325011104611 232574 1,135.00
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 16 LANDS MAINT - COMM43910001104611 232574 837.00
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 16 LANDS MAINT-HAYST43320002764374 232574 3,650.00
05/09/202400001862 VINTAGE ASSOCIATESW1 August '23 Weather Event: Park42191001104159 232599 11,073.01
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 17 - CC PARK43320011104610 232575 16,200.00
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 17 - SPORTS FIELDS43371001104610 232575 4,500.00
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 16 - UNIVERSITY PARKS43320011104611 232574 2,200.00
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 17 - MAGNESIA FALLS43320011104611 232575 4,000.00
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 17 - AQUATIC CENTER43311012424549 232575 1,400.00
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 17 - PARKVIEW OFFICE43696015104195 232575 2,000.00
05/09/202400001862 VINTAGE ASSOCIATESW1 AP24 LMA 17 - STATE BLDG43696025104195 232575 300.00
05/09/202400001863 VISUAL EDGE IT INCW1 Usage&supplies 2TX101725 APR2443420001104190 24AR1731335 112.15
05/09/202400001863 VISUAL EDGE IT INCW1 Usage and supplies 3/29-4/2843420001104190 24AR1727331 1,741.19
05/31/2024Report Date 4Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
88
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202400001863 VISUAL EDGE IT INCW1 Usage&supplies 3TX403772 APR2443420001104190 24AR1727332 117.58
05/09/202402002831 ADVANTEC CONSULTING ENGINEERSW1 DESIGN SRVS - COOK TRAFFIC SIG50009112134385 9803-0277-09 11,338.27
05/09/202402002832 AIR & HOSE SOURCE INCW1 STREET MAINT SUPPLIES42190001104310 552024 318.64
05/09/202402002833 ALTA PLANNING + DESIGN INCW1 PD VISION ZERO STRATEGY MR2450009102134300 3040002023.267-3 54,121.25
05/09/202402002834 ANDERSON COMMUNICATION INCW1 APR24 RADIO REPEATER SERVICE43650001104310 20360B 250.00
05/09/202402002835 Assistance LeagueW1 OA FY23/2443880001104800 OA FY 2023-24 2,500.00
05/09/202402002836 BECK OIL INCW1 SUPPLY OF GAS AND DIESEL FUEL42170001104331 109419 6,704.62
05/09/202402002837 CALIFORNIA CITY MANAGEMENTW1 CCMF Mbrship Renew 23-24 Chris43630001104130 CCMF MBR 23-24CE 400.00
05/09/202402002838 CALTRANS- DEPARTMENT OFW1 SIGNAL/LIGHTING JAN-MAR 202443325001104250 SL240837 904.74
05/09/202402002839 CANNONE, RICHARDW1 NPC RIDESHARE R. CANNONE 042443120001104470 NPC 0424RC 107.64
05/09/202402002839 CANNONE, RICHARDW1 NPC PARKING R. CANNONE 042443120001104470 NPC 0424RC 100.00
05/09/202402002839 CANNONE, RICHARDW1 NPC HOTL-TAXES R. CANNONE 042443120001104470 NPC 0424RC 0.74
05/09/202402002839 CANNONE, RICHARDW1 ICSC ADV LODGING R. CANNONE11501001100000 ADV LDG 0524RC 231.18
05/09/202402002839 CANNONE, RICHARDW1 ICSC ADV PER DIEM R. CANNONE11501001100000 ADV PD 0524RC 172.50
05/09/202402002839 CANNONE, RICHARDW1 ICSC ADV MILEAGE R. CANNONE11501001100000 ADV MILE 0524RC 15.41
05/09/202402002840 CBRE INCW1 Real Estate Services - Apr2443090001104430 2023-273215-006 5,000.00
05/09/202402002841 CHARTER COMMUNICATIONSW1 AP24 73571 MAGNESIA FALLS-PDAC43650002424549 0525504041724 269.44
05/09/202402002842 CITY OF INDIAN WELLSW1 SHARED COST - FS 5543042012304220 19-93 28.50
05/09/202402002842 CITY OF INDIAN WELLSW1 SHARED COST-FS 5543042012304220 19-94 110.03
05/09/202402002842 CITY OF INDIAN WELLSW1 SHARED COST-FS 5543042012304220 19-95 147.08
05/09/202402002842 CITY OF INDIAN WELLSW1 SHARED COST - FS 5543042012304220 19-96 22.15
05/09/202402002842 CITY OF INDIAN WELLSW1 SHARED COST - FS 5543042012304220 19-97 180.57
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 1052 CORPORATION YARD43510001104330 315177847704AP24 595.76
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 10364 HOVLEY SOCCER PARK43510001104611 316695849222AP24 3,117.85
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 1051 ST MEDIANS "4"43510001104614 315175847702AP24 2,934.32
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 13 1050 Primrose II43510002734682 315173847700AP24 46.26
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 1 1050 Diamondback43510002754643 315173847700AP24 37.65
05/31/2024Report Date 5Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
89
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 18 1050 Monterey Meadows43510002754680 315173847700AP24 46.26
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 17 1050 The Glen43510002754681 315173847700AP24 52.41
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 2 1050 Hovley Estates43510002754682 315173847700AP24 29.04
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 15 1050 Hovley Estates43510002754682 315173847700AP24 31.50
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 22 1050 Sonata I43510002754683 315173847700AP24 60.13
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 20 1050 Sonata II43510002754684 315173847700AP24 85.02
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 16 1050 Hovley Collection43510002754685 315173847700AP24 29.04
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 21 1050 Hovley Collection43510002754685 315173847700AP24 29.04
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 5 1050 La Paloma I43510002754686 315173847700AP24 30.27
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 19 1050 La Paloma I43510002754686 315173847700AP24 31.50
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 6 1050 La Paloma II43510002754687 315173847700AP24 64.23
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 3 1050 La Paloma III43510002754693 315173847700AP24 37.65
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 7 1050 Sandpiper43510002754694 315173847700AP24 71.61
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 8 1050 Sandpiper43510002754695 315173847700AP24 63.00
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 4 1050 Hovley Court West43510002754696 315173847700AP24 67.17
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 14 1050 Palm Court43510002754697 315173847700AP24 47.49
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 12 1050 Waring Court43510002794374 315173847700AP24 47.59
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 11 1050 Palm Gate43510002804374 315173847700AP24 32.73
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 10 1050 Canyon Crest43510002864374 315173847700AP24 43.80
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 9 1050 PDCC43510002994374 315173847700AP24 222.74
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 Nichols Dr43510001104611 822075444102AP24 216.17
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 74350 College Dr43510001104611 762703889274AP24 44.12
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 1149 ST MEDIANS NORTH43510001104614 586651849912AP24 180.94
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 44911 Cabrillo Avenue43510001104340 712257390932AP24 81.22
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 72880 Hwy 111 - Fire Meter43510001104340 800643444692AP24 74.84
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 72440 Painters Path - Bump and43325011104611 681389846188AP24 25.41
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 1131 HOVLEY SOCCER PARK43510001104611 315303847830AP24 2,149.05
05/31/2024Report Date 6Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
90
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 10049 FREEDOM PARK43510001104611 315491848018AP24 3,426.60
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 74735 Hovley Lane E - Soccer P43510001104614 127363385426AP24 107.28
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 1089 MEDIANS43510001104614 315239847766AP24 2,112.43
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 44400 Town Ctr - FS 3343510002304220 163253444356AP24 123.75
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 73200 Mesa View Dr FS 6743510002304220 176281476314AP24 292.10
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 73995 Country Club FS7143510002304220 122335377974AP24 231.67
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 D. 1088 Desert Mirage (Cook)43510002734680 315237847764AP24 81.93
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 C. 1088 Kaufman & Broad (Heath43510002854374 315237847764AP24 29.04
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 H. 1088 College View Estates I43510002874374 315237847764AP24 111.72
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 F. 1088 The Boulders (Shepherd43510002874680 315237847764AP24 47.49
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 B. 1088 Sundance W (Kokopelli)43510002874681 315237847764AP24 64.71
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 E. 1088 Petunia Place 1 (Petun43510002874682 315237847764AP24 163.10
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 A. 1088 Sundance E. (Shepherd43510002874683 315237847764AP24 69.15
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 G. 1088 College View Estates I43510002874684 315237847764AP24 126.48
05/09/202402002843 COACHELLA VALLEY WATER DIST.W1 iHUB APR2443950004254430 720041309104AP24 61.33
05/09/202402002844 CONSOLIDATED ELECTRICALW1 TRAFFIC SUPPLIES42190001104250 5725-1119715 93.13
05/09/202402002845 CRAYCRAFT, GREGORY JW1 05-16-24 CONCERT 80'S NEW WAVE43061011104416 RMG051624-B 4,000.00
05/09/202402002846 CROSSTOWN ELECTRICALW1 FIBER OPTIC REPAIRS43325001104250 4393-002 7,300.00
05/09/202402002847 D & B VISIONSW1 Consultant services for the Ci43090002364195 24-04 4,500.00
05/09/202402002848 DEPARTMENT OF INDUSTRIALW1 PDAC BLUE OPEN SLIDE 2024 INSP43640002424549 P2054090SN 462.50
05/09/202402002849 DESERT AIR CONDITIONING INC.W1 HVAC SRVDS - CITY HALL43310001104340 248234 1,700.00
05/09/202402002850 DESERT ELECTRIC SUPPLYW1 BUILDING SUPPLIES - CORP YARD42190001104330 S3183851.001 526.96
05/09/202402002850 DESERT ELECTRIC SUPPLYW1 R/M BUILDING SUPPLIES-FS3343310002304220 S3187812.001 35.73
05/09/202402002851 DESERT FIRE EXTINGUISHERW1 FIRE EXTINGUISHER SRV- I-HUB43950004254430 12480834 454.73
05/09/202402002852 DESERT SANDS UNIFIED SCHOOLW1 Sponsorship for Gala Event43062011104800 BUCKIN BRONCO 2,000.00
05/09/202402002853 DESERT TREE SPRAYINGW1 AP24 RODENT/GOPHER CTRL - CC43320011104610 2867 290.00
05/09/202402002853 DESERT TREE SPRAYINGW1 AP24 GOPHER/RODENT CTRL -PARKS43320011104611 2867 275.00
05/31/2024Report Date 7Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
91
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202402002853 DESERT TREE SPRAYINGW1 AP24 RODENT/GOPHER CTRL-GARDEN43910001104611 2867 80.00
05/09/202402002853 DESERT TREE SPRAYINGW1 AP24 RODENT/GOPHER CTRL-ENTRAD43921011104614 2867 130.00
05/09/202402002853 DESERT TREE SPRAYINGW1 AP24 RODENT/GOPHER CTRL- K/B43321002854374 2867 80.00
05/09/202402002854 DISABILITY ACCESS CONSULTANTSW1 ADA CONSULTANT SVS - MARCH202443090001104159 24-057 2,925.00
05/09/202402002855 DOUG WALL CONSTRUCTION INCW1 TO006376-Henderson Building44001004504164 3967 42,625.44
05/09/202402002856 DOVE PRINTINGW1 Printing Brightside May/June43026001104417 15009 6,511.00
05/09/202402002857 EXCEL LANDSCAPE INCW1 TO006638-Citywide Storm Hilary42191001104159 108418 16,016.92
05/09/202402002857 EXCEL LANDSCAPE INCW1 TO006638-Citywide Storm Hilary42191001104159 108468 21,981.92
05/09/202402002857 EXCEL LANDSCAPE INCW1 TO006638-Citywide Storm Hilary42191001104159 108599 31,537.85
05/09/202402002858 FORTNET SECURITY INCW1 Endpoint Security 7.1.24-5.17.14301001100000 INV-4132 8,939.33
05/09/202402002858 FORTNET SECURITY INCW1 Endpoint Security 5.18.24-6.3043620011104190 INV-4132 812.67
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 D/U CIRCUIT FRED WARING43650001104159 7605686932-424 61.12
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 PHONE SVC43060011104211 7608629848-424 157.59
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 TRAFFIC SIGNAL LINE SVC43650001104250 7603459146-424 61.12
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 PCC PHONE SRV43650001104344 7605682560-424 149.75
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 VALLEY CRIMESTOPPERS HOTLINE43914002294210 7603417867-424 182.03
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 EP PHONE SVC43695002714491 7606749012-424 124.37
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 PARKVIEW BLDG ALARM SRV43696015104195 7603468393-424 162.84
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 PARKVIEW BLDG PHONE SRV43696015104195 7606741960-424 108.93
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 PARKVIEW BLDG FIRE ALARM43696015104195 7607791904-424 99.61
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 PARKVIEW BLDG ALARM SRV43696015104195 7608361142-424 106.25
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 STATE BLDG INTERNET SRV43696025104195 3101746165-424 67.98
05/09/202402002859 FRONTIER COMMUNICATIONS INCW1 HENDERSON BLDG PHONE SRV43698005104195 7607766715-424 263.05
05/09/202402002860 GLOBAL CTI GROUP INC.W1 Troubleshooting for Mitel43360001104190 170247 300.00
05/09/202402002861 GLOBAL CTI GROUP INC.W1 Revolution Device License-FY214301001100000 170286 905.10
05/09/202402002861 GLOBAL CTI GROUP INC.W1 Revolution Device License-FY43620011104190 170286 646.50
05/09/202402002862 GOODWIN, SHELBYW1 April 18 Concert - Home Depot43061001104417 SHELBY REIM 26.92
05/31/2024Report Date 8Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
92
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202402002862 GOODWIN, SHELBYW1 April 18 Concert - Walmart43061001104417 SHELBY REIM 95.90
05/09/202402002862 GOODWIN, SHELBYW1 April 18 Concert - Walmart43061001104417 SHELBY REIM 131.25
05/09/202402002862 GOODWIN, SHELBYW1 April 18 Concert - Walmart43061001104417 SHELBY REIM 142.98
05/09/202402002862 GOODWIN, SHELBYW1 April 18 Concert - Which Which43061001104417 SHELBY REIM 276.00
05/09/202402002863 GREATER COACHELLA VALLEYW1 Cathedral City St of City VM43125001104430 26217 79.00
05/09/202402002864 GRIFFITHS FENCEW1 GATE REPAIRS-JOE MANN PK43325011104611 3753 475.00
05/09/202402002864 GRIFFITHS FENCEW1 FENCE REPAIR -HAYSTACK43321002764374 3752 1,235.00
05/09/202402002865 HAMMER PLUMBING AND PUMPINGW1 CAHUILLA RESTROOM PUMP SRV43310001104611 33724-1 395.00
05/09/202402002866 HERMANN DESIGN GROUP INCW1 DESIGN SERVICES - DW GREENS48092004414195 24041601 45,212.50
05/09/202402002867 HF&H CONSULTANTS LLCW1 MAR24 Solid waste, recycling43090002364195 9721098 14,673.00
05/09/202402002868 HOLT ARCHITECTS INCW1 ARCHITECT SVS - FS 6744001002304220 24-03-013 3,830.11
05/09/202402002869 HORIZON LIGHTING INC.W1 R/M ELECT/LIGHT - CORPYARD43310001104330 350492 718.73
05/09/202402002869 HORIZON LIGHTING INC.W1 R/M ELECT / LIGHT - CITY HALL43310001104340 341198 739.05
05/09/202402002870 IFORM MEDIAW1 Vinyl wrap of Student Art and43092004364650 17140 1,803.10
05/09/202402002871 INLAND BOBCAT INCW1 R/M SKID-STEER LOADER #37043340001104331 W06311 3,445.62
05/09/202402002871 INLAND BOBCAT INCW1 R/M SKID-STEER LOADER #37043340001104331 W06312 5,177.40
05/09/202402002871 INLAND BOBCAT INCW1 R/M SKID-STEER LOADER #37043340001104331 W06313 1,004.66
05/09/202402002872 J.L. ENDICOTT INCW1 Nameplates 04.16.2442190001104154 10267 152.41
05/09/202402002873 JON'S FLAGS & POLES INCW1 FLAGS - CITY HALL42190001104340 F89444 1,023.63
05/09/202402002874 JR THOMAS GOLF CARS INCW1 BATTERIES FOR GOLF CART43340001104331 11471 1,441.26
05/09/202402002875 JTB SUPPLY COMPANY INC.W1 TRAFFIC SIGNAL SUPPLIES43325001104250 113027 1,979.16
05/09/202402002876 KINCAID INDUSTRIES INCW1 R/M PLUMBING - FS #6743310002304220 5440 450.00
05/09/202402002876 KINCAID INDUSTRIES INCW1 R/M PLUMBING - FS #6743310002304220 5447 600.00
05/09/202402002877 LAURIE BERRYMANW1 Refund STR STR2022-012731883301100000 STR2022-0127 71.47
05/09/202402002878 LIBRARY MARKETW1 Library Market Website43620012524662 3387 7,500.00
05/09/202402002878 LIBRARY MARKETW1 Library Market Calendar43620012524662 3402 2,000.00
05/09/202402002879 LIVING DESERT, THEW1 Sales Tax Townhall 5.21.2443093001104159 E01462 509.12
05/31/2024Report Date 9Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
93
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202402002880 LOCK SHOP INC.W1 KEYS - JOE MANN PARK42190001104611 AA00067651 38.88
05/09/202402002881 LOWE'S HOME CENTERS INC.W1 STREET MAINT SUPPLIES42190001104310 989264-040924 231.17
05/09/202402002881 LOWE'S HOME CENTERS INC.W1 STREET MAINT SUPPLIES42190001104310 991697-041024 128.87
05/09/202402002881 LOWE'S HOME CENTERS INC.W1 STREET MAINT SUPPLIES42190001104310 998587-041224 254.86
05/09/202402002881 LOWE'S HOME CENTERS INC.W1 CORP YARD SUPPLIES43310001104330 996858-040224 144.79
05/09/202402002881 LOWE'S HOME CENTERS INC.W1 INSULATING TAPE-FS #3343310002304220 985691-040824 26.94
05/09/202402002881 LOWE'S HOME CENTERS INC.W1 CORP YARD SUPPLIES42190001104330 923353-021224 1,144.73
05/09/202402002882 LSL CPAsW1 2023 Corp Tax Returns Prep11599001100000 62218 1,600.00
05/09/202402002883 MOLLER'S GARDEN CENTERW1 PLANT MATERIAL - CIVIC CENTER43320011104610 581075 247.80
05/09/202402002883 MOLLER'S GARDEN CENTERW1 Plants - April 18th Concert43061001104417 583755 747.57
05/09/202402002884 MOWERS PLUS INCW1 R/M EQUIPMENT REPAIRS43340001104331 293495 65.00
05/09/202402002884 MOWERS PLUS INCW1 R/M EQUIPMENT REPAIR43340001104331 293496 362.21
05/09/202402002885 PALM DESERT ACE HARDWAREW1 CIP SUPPLIES42110001104134 244915 25.85
05/09/202402002885 PALM DESERT ACE HARDWAREW1 STREET MAINT SUPPLIES42190001104310 245443 31.93
05/09/202402002885 PALM DESERT ACE HARDWAREW1 STREET MAINT SUPPLIES42190001104310 245493 39.99
05/09/202402002885 PALM DESERT ACE HARDWAREW1 STREET MAINT SUPPLIES42190001104310 245483 15.02
05/09/202402002885 PALM DESERT ACE HARDWAREW1 STREET MAINT SUPPLIES42190001104310 245629 26.38
05/09/202402002885 PALM DESERT ACE HARDWAREW1 BUILDING SUPPLIES - CITY HALL42190001104340 245509 16.14
05/09/202402002885 PALM DESERT ACE HARDWAREW1 JANITORIAL SUPPLIES-CITY HALL42190001104340 245585 38.77
05/09/202402002885 PALM DESERT ACE HARDWAREW1 ELECTRICAL SUPPLIES - PARKVIEW43696015104195 245522 21.54
05/09/202402002885 PALM DESERT ACE HARDWAREW1 BUILDING MATERIALS-PARKVIEW43696015104195 245588 9.59
05/09/202402002886 PALMER ELECTRICW1 ELECT REPAIRS - CC PARK43321001104610 5534 533.28
05/09/202402002886 PALMER ELECTRICW1 ELECT REPAIRS - CC PARK43321001104610 5556 392.05
05/09/202402002886 PALMER ELECTRICW1 ELECT REPAIRS - FREEDOM PARK43325011104611 5521 1,462.84
05/09/202402002886 PALMER ELECTRICW1 ELECT REPAIRS - PARKS43325011104611 5544 2,038.64
05/09/202402002886 PALMER ELECTRICW1 ELECT REPAIRS - ENTRADA43921011104614 5520 445.30
05/09/202402002887 PASCO DOORSW1 DOOR MAINT - CITY HALL43310001104340 99608 1,320.00
05/31/2024Report Date 10Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
94
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202402002888 PDHS FOUNDATIONW1 OA FY23/2443881001104800 OA FY23/24 10,000.00
05/09/202402002889 PENTA, RYLANDW1 Civic Acdmy food 4/29/2443125001104417 RPENT REIM 4.29 313.55
05/09/202402002889 PENTA, RYLANDW1 Civic Acdmy food 4/29/2443125001104417 RPENT REIM 4.29 260.00
05/09/202402002890 POWERFUL PEST MANAGEMENTW1 AP24 PEST CONTROL - CITY HALL43090001104340 307545 137.50
05/09/202402002891 POWERSTRIDE BATTERY COMPANY INCW1 TRAFFIC SIGNAL BATTERIES43340001104331 P700316 330.62
05/09/202402002892 PROPER SOLUTIONS INC.W1 TEMP STAFF SERVICES 04/26/2443003001104300 15874 1,366.17
05/09/202402002893 QUINN COMPANYW1 STREET EQUIPMENT REPAIRS43340001104331 WOA30002286 8,313.31
05/09/202402002893 QUINN COMPANYW1 GNRTR SRVCS- CORPYARD43310001104330 WOG00019513 558.17
05/09/202402002893 QUINN COMPANYW1 GNRTR SRVCS- CORPYARD43310001104330 WOG00019514 558.77
05/09/202402002893 QUINN COMPANYW1 GNRTR SRVCS- CORPYARD43310001104330 WOG00019549 1,011.30
05/09/202402002893 QUINN COMPANYW1 GNRTR SRVCS - CITY HALL43310001104340 WOG00019515 558.77
05/09/202402002893 QUINN COMPANYW1 GNRTR SRVCS - JOSLYN SR CENTER43310001104340 WOG00019518 558.77
05/09/202402002893 QUINN COMPANYW1 GNRTR SRVCS - FS #6743310002304220 WOG00019516 558.77
05/09/202402002893 QUINN COMPANYW1 GNRTR SRVCS - FS #3343310002304220 WOG00019517 558.77
05/09/202402002893 QUINN COMPANYW1 GNRTR SRVCS - FS #7143310002304220 WOG00019519 558.77
05/09/202402002894 Rising Realty Partners LPW1 Prop Mgmt - Dec23-Apr2443092005104195 PALM050124 28,058.09
05/09/202402002895 RITCHEY, LORENAW1 METRC MILEAGE L. RITCHEY 042443115001104470 METRC 0424LR 143.38
05/09/202402002895 RITCHEY, LORENAW1 METRC TOLLS L. RITCHEY 042443120001104470 METRC 0424LR 15.94
05/09/202402002896 RIVARD, ROBERT TRINITYW1 Art design CorpYard Mural43092004364650 000002 5,000.00
05/09/202402002897 RIVERSIDE COUNTY FLOOD CONTROLW1 FY 23/24 NPDES COST SHARE44001001104396 FC020407 58,458.90
05/09/202402002898 SA Recycling LlcW1 PALM MULCH - SOIL STABILIZER43320001104310 31159 9,250.00
05/09/202402002899 SELBERT PERKINS DESIGN INCW1 WAYFINDING MASTER PLAN50009102134300 20240484 5,500.00
05/09/202402002899 SELBERT PERKINS DESIGN INCW1 ENTRY MONUMENT SIGNS DESIGN50009102134300 20240485 825.00
05/09/202402002900 SHUSTER ADVISORY GROUP LLCW1 Advisory Fee 401a & 457b JAN2443090001104159 4756 2,000.00
05/09/202402002900 SHUSTER ADVISORY GROUP LLCW1 Advisory Fee 401a & 457b FEB2443090001104159 4850 2,000.00
05/09/202402002900 SHUSTER ADVISORY GROUP LLCW1 Advisory Fee 401a & 457b MAR2443090001104159 5167 2,000.00
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 TRAFFIC SIGNALS TC-143514001104250 600001002544MR24 9,512.55
05/31/2024Report Date 11Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
95
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 TRAFFIC SIGNALS TC-1-late fee43514001104250 600001002544MR24 0.54
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 74705 42nd PED43514001104330 700117253442AP24 1,457.51
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 74705 42nd PED-late fee43514001104330 700117253442AP24 10.01
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 CC Park - San Pablo43514001104610 700167703344AP24 7,552.69
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 CC Park - San Pablo-late fee43514001104610 700167703344AP24 47.98
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 73510 FW PARKS AL-243514001104611 700383536327AP24 3,719.40
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 73510 FW PARKS AL-2-late fee43514001104611 700383536327AP24 27.97
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 72573 1/2 Hwy 111 Entrada43514001104614 700822737068MR24 20.04
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 72573 1/2 Hwy 111 Entrada43514001104614 700822737068FB24 13.07
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 (1) 73710 / 73720 FW STE43514005104195 700485107855AP24 2,061.59
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 (2) 73710 FW Dr DR2 / HM143696015104195 700485107855AP24 456.99
05/09/202402002901 SOUTHERN CALIFORNIA EDISONW1 (3) 73720 FW Dr HM43696025104195 700485107855AP24 407.59
05/09/202402002902 SOUTHWEST AQUATICSW1 AP24 R/M LAGOON - CC PARK43320011104610 04-21765 4,114.00
05/09/202402002902 SOUTHWEST AQUATICSW1 R/M WATER FEATURE ENTRADA DEL43921011104614 04-21765 1,030.00
05/09/202402002903 STALKER RADARW1 STALKER RADAR TRAILERS50009032134565 436652 23,758.88
05/09/202402002904 SUNBELT RENTALS INCW1 CRAWLER DOZER-DINAH SHR/MIRAM43430001104310 144933130-0004 7,736.13
05/09/202402002904 SUNBELT RENTALS INCW1 CRAWLER DOZER-DINAH SHR/MIRAM43430001104310 144933130-0005 2,385.32
05/09/202402002904 SUNBELT RENTALS INCW1 FORKLIFT RENTAL43325011104611 149233697-0001 4,193.47
05/09/202402002905 SUPERIOR READY MIX CONCRETEW1 STREET MAINT SUPPLIES42190001104310 416602 591.60
05/09/202402002906 THE DREAMBOATSW1 05-23-24 Concert The Dreamboat43061011104416 1007 5,000.00
05/09/202402002907 TOM VITORINO MANAGEMENTW1 05-30-24 CONCERT COUNTRY NATIO43061011104416 77 2,500.00
05/09/202402002908 TOPS N BARRICADES INC.W1 ADDITIONAL FUNDS FOR VARIOUS S42190001104310 1104884 681.55
05/09/202402002908 TOPS N BARRICADES INC.W1 STREET MAINT SUPPLIES42190001104310 1104884 514.70
05/09/202402002909 TPX COMMUNICATIONSW1 Internet/ Phone Services43650001104190 178882042-0 5,606.78
05/09/202402002910 TRAFFICALM SYSTEMSW1 PURCHASE SPEED FEEDBACK SIGN.43325001104250 215241-42 4,030.93
05/09/202402002911 URBAN HABITAT ENVIRONMENTALW1 REL RET P116433 / C4469020600001100000 REL RET-MLS00027 4,564.26
05/09/202402002911 URBAN HABITAT ENVIRONMENTALW1 REL RET P116433 / C4469020600004000000 REL RET-MLS00027 9,989.85
05/31/2024Report Date 12Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
96
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202402002912 US BANKW1 Admin Fee City#1 08/23-10/2343090001104159 14019534 875.00
05/09/202402002912 US BANKW1 Admin Fee City 11/23-1/2443090001104159 14147666 875.00
05/09/202402002912 US BANKW1 Admin Fee PA#1 08/23-10/2343630004514195 14019534 135.00
05/09/202402002912 US BANKW1 Admin Fee PA#2 08/23-10/2343630004514195 14019534 135.00
05/09/202402002912 US BANKW1 Admin Fee PA#3 08/23-10/2343630004514195 14019534 135.00
05/09/202402002912 US BANKW1 Admin Fee PA#4 08/23-10/2343630004514195 14019534 135.00
05/09/202402002912 US BANKW1 Admin Fee PA#1 11/23-1/2443630004514195 14147666 125.00
05/09/202402002912 US BANKW1 Admin Fee PA#2 11/23-1/2443630004514195 14147666 125.00
05/09/202402002912 US BANKW1 Admin Fee PA#3 11/23-1/2443630004514195 14147666 125.00
05/09/202402002912 US BANKW1 Admin Fee PA#4 11/23-1/2443630004514195 14147666 125.00
05/09/202402002913 WATERLINE TECHNOLOGIES INCW1 CHEMICALS - AQUATIC CENTER42111002424549 5681630 1,781.75
05/09/202402002913 WATERLINE TECHNOLOGIES INCW1 INVOICE CREDIT42111002424549 5602733 -10.66
05/09/202402002913 WATERLINE TECHNOLOGIES INCW1 INVOICE CREDIT42111002424549 5602728 -10.66
05/09/202402002913 WATERLINE TECHNOLOGIES INCW1 INVOICE CREDIT42111002424549 5602731 -14.87
05/09/202402002914 WEST COAST ARBORISTS INCW1 August '23 Weather Event: Tree42191001104159 213250 20,132.00
05/09/202402002915 WILLCORPW1 TO2 F/P STORM DAMAGE CLEANUP42191001104159 2201 74,766.21
05/09/202402002915 WILLCORPW1 TO006642-Mid-Valley42191001104159 2202 107,052.39
05/09/202402002916 XPRESS GRAPHICSW1 ENVELOPES42110001104470 24-61908 328.31
05/09/202402002916 XPRESS GRAPHICSW1 LittleFreeLib. Photo Library43610002524662 INVOICE 24-61966 406.49
05/09/202402002916 XPRESS GRAPHICSW1 Library Double sided bookmarks43610002524662 INVOICE 24-61961 88.92
05/09/202402002916 XPRESS GRAPHICSW1 Desert Willow Applications43610001104417 24-60916 187.05
05/31/2024Report Date 13Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
97
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
Examined and Approved Total For Bank ID - W1
1,455,325.03City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
05/31/2024Report Date 14Page City and Housing
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
98
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/9/2024 - 5/31/2024
City of Palm Desert
Account Number
05/09/202400002535 IS PALM DESERT LPW3 MAY2024 Sewer Rent Payment43740007034121 MAY2024 11,639.40
Examined and Approved Total For Bank ID - W3
11,639.40City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
05/31/2024Report Date 15Page Successor Agency
DocuSign Envelope ID: 75590E43-1C07-4A63-8B34-D0BC8EAF911D
99
100
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
5/13/2024 - 5/31/2024
City of Palm Desert
Account Number
05/13/202402002917 Eva HamiltonW1 TOT Reimbursement31883301100000 TOT REIMBURSEMEN 2,556.84
Examined and Approved Total For Bank ID - W1
2,556.84City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
05/31/2024Report Date 1Page City and Housing
DocuSign Envelope ID: 16E7E4A7-025B-44E2-B08D-0473AFAF5F28
101
102
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and
recommendation to the City Council or to another department(s) for further action. A
response is required. Please mark the appropriate response below and return to
my office by __________________________
Responding Department: __________________________ Date:_______________
Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments
(attach additional sheets, if necessary): _________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
California Fine Wine & Spirits, LLC (Total Wine & More) 72339 HWY 111 #339, Palm Desert, CA 92260-2746
Tuesday, May 7, 2024.
April 30, 2024Building and Safety
April 30, 2024
103
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE, DEPUTY CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and
recommendation to the City Council or to another department(s) for further action. A
response is required. Please mark the appropriate response below and return to
my office by __________________________
Responding Department: __________________________ Date: ________________
Response:
No comment – okay to present to City Council.
Refer to ______________________________________ - related comments
(attach additional sheets, if necessary): _________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
California Fine Wine & Spirits, LLC (Total Wine & More) 72339 HWY 111 #339, Palm Desert, CA 92260-2746
Tuesday, May 7, 2024.
May 6, 2024Development Services: Planning
4
April 30, 2024
104
Department of Alco holi c Beverage Control State of California
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE
ABC 2 11 (6/99)
TO:Department of Alcoholic Beverage Co ntrol
34-160 GATEWAY DR .
STE 120
File Number: 525540
Receipt Numb er: 2878515
Geographical Code: 3318
PALM DESERT, CA 92211
(760) 324-2027
Copies Mailed Date : March 21 , 2024
Issued Date:
DISTRICT SERVING LOCATION : PALM DESERT
First Owner:
Name of Business:
CALIFORNIA FINE WI E & SPIRITS LLC
TOT AL WINE & MORE
Location of Business:
Co unty
Is Premises inside city limits
Mailing A ddress:(If different
from
premi ses address)
Type of license(s):
Transferor's license/name:
License Ty pe
86 -Instruc ti o na l Tasting Li cense
License Type
A pplicati on Fee
86 -In structi onal Tastin g Li cense
72339 HIGHWAY 111
#339
PALM DESERT, CA 92260-2746
RIVERSIDE
Yes
6600 ROCKLEDGE DR
STE 150
BETHESDA, MD 20817-1806
86
Transaction Type
ORI
Transaction Descri ption
ADD PRI MA RY LI CENS E TYP E
ANN UAL FEE
Master
y
Fee Code
NA
NA
Have you ever been convicted of a felony ? No
Census Tract: 0451.24
Dropping Partner: Yes
Secondan:: LT A nd Coun1
Dup Date Fee
0 03 /21 /24 $1 ,065 .00
0 03 /2 1/24 $460 .00
Total $1,525.00
Have you ever violated any provisions of the Alcoholic Beverage Contro l Act, or regulations of the
Department pertaining to the Act? No
STATE OF CALIFORNIA County of RIVERSIDE Date : March 2 1, 2024
Applicant Name(s)
CALIFORNIA FINE WINE & SPIRITS LLC
No
105
106
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
, CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and
recommendation to the City Council or to another department(s) for further action. A
response is required. Please mark the appropriate response below and return to
my office by __________________________
Responding Department: __________________________ Date:_______________
Response:
No comment – okay to present to City Council.
Refer to ______________________________________ related comments
(attach additional sheets, if necessary): _________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
DDM Pizzeria Two, Inc (Blaze Pizza) 73393 Highway 111 Ste 2, Palm Desert, CA 92260-3923
Tuesday, May 7, 2024.
April 30, 2024Building and Safety
April 30, 2024
107
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To:
From:
Date:
BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE, DEPUTY CITY CLERK
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
_____________________________________________________
A copy of the subject ABC License Application is attached for your review and
recommendation to the City Council or to another department(s) for further action. A
response is required. Please mark the appropriate response below and return to
my office by __________________________
Responding Department: __________________________ Date: ________________
Response:
No comment – okay to present to City Council.
Refer to ______________________________________ - related comments
(attach additional sheets, if necessary): _________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Other – Additional comments (attach additional sheets, if necessary):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
DDM Pizzeria Two, Inc (Blaze Pizza) 73393 Highway 111 Ste 2, Palm Desert, CA 92260-3923
Tuesday, May 7, 2024.
May 6, 2024Development Services: Planning
4
April 30, 2024
108
Department of Alco holic B everage Contro l
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE
AB C 2 11 (6/99)
Sta te of California
TO:Department of Alcoholic B everage Control
34-160 GATEWAY DR.
File Number : 658301
Receipt umber:
STE 120 Geographical Co de : 3318
PALM DESERT, CA 92211
(760) 324-2027
Copie s Mailed Date: April 18 , 2024
Iss ued Date :
DISTRICT SERVING LOCATION : PALM DESERT
First Owner:
Name of Business :
Location of Business :
Co unty
Is Prem is es ins id e city limi ts
Mailing Address :(If different
from
premi ses address)
Ty pe of license(s):
DOM PIZZERIA TWO INC
BLAZE PIZZA
73393 HIGHWAY 111
STE 2
PALM DESERT, CA 92260-3923
RIVERSIDE
Yes
2900 ADAMS ST
830-19
RIVERSIDE , CA 92504
41
Ce nsus Tract: 0451.17
Dropping P artner: Yes
Tran sferor's license/na me : 566541 / R&J RESTAURA TS LLC
License Type Transaction Type
41 -On -Sale Bee r And Win e -Ea tin g PER
License Type
Appli cation Fee
App lica ti on Fee
Appli ca ti on Fee
41 -On-Sa le Bee r And Win e -Ea
Tran s • ription
PERS O TRF
FEDERAL FIN GE RPRI TS
ST A TE FTN GE RPRI TS
ANNUAL FEE
Have y ou ever been convicted of a felony ? o
Master
y
A
A
NA
NA
Secondary LT And Co un1
Dup Date Fee
0 04 /18 /24 $395 .00
4 04 /18 /24 $96 .0 0
4 04/18/24 $156 .00
0 04/1 8/24 $530 .00
Total $1,177.00
Have you ever vio late d any provi s ions of t he Alco ho li c Bevera ge Control Act , or regulation s of the
Department pertaining to the Act? No
STATE OF CALIFORNIA County of RIV ERSID E Date : April 18 , 2024
Applicant Name(s)
DD M PIZZERIA TWO IN C
0
109
110
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Michelle Nance, Deputy Clerk I
REQUEST: ADOPTION OF ORDINANCE NO. 1414 ADDING SECTION 2.38.070 TO
THE PALM DESERT MUNICIPAL CODE TO ALLOW FOR THE
ELECTRONIC OR PAPER FILING OF CAMPAIGN FINANCE
DISCLOSURE STATEMENTS
RECOMMENDATION:
Adopt Ordinance No. 1414 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ADDING SECTION 2.38.070 TO THE PALM DESERT
MUNICIPAL CODE APPROVING ELECTRONIC AND PAPER METHODS OF FILING
CAMPAIGN FINANCE DISCLOSURE STATEMENTS.”
BACKGROUND/ANALYSIS:
On May 9, 2024, the City Council unanimously introduced Ordinance No. 1414 for first reading.
This report provides for the City Council to waive further reading and adopt the ordinance. The
ordinance shall be effective 30 days from adoption.
FINANCIAL IMPACT:
There is no direct financial impact with this action.
ATTACHMENTS:
Ordinance No. 1414
111
112
ORDINANCE NO. 1414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ADDING SECTION 2.38.070 TO THE PALM
DESERT MUNICIPAL CODE APPROVING ELECTRONIC AND PAPER
METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE
STATEMENTS
City Attorney’s Summary
The purpose of this ordinance is to amend the Palm Desert Municipal Code
to allow for the electronic or paper filing of campaign finance disclosure
statements required by Chapter 4 of the Political Reform Act.
WHEREAS, California Government Code Section 84615 provides that a legislative
body of a local government agency may adopt an ordinance that requires an elected
officer, candidate, committee, or other person required to file statements, reports, or other
documents required by Chapter 4 of the Political Reform Act, except those whose
contributions and expenditures each total less than two thousand dollars ($2,000) in a
calendar year, to file such statements, reports, or other documents online or electronically
with the City Clerk; and
WHEREAS, the City will enter into an agreement with a vendor qualified by the
Secretary of State for campaign disclosure documents that meets the requirements set
by Government Code Section 84615; and
WHEREAS, the City Council approves the use of an electronic system, which
includes that: it will operate securely and effectively and will not unduly burden filers; it
must be available free of charge to filers and the public for viewing filings; and it must
include a procedure for filers to comply with the requireme nt that they sign statements
and reports under penalty of perjury.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The recitals above are each incorporated by reference and adopted
as findings of the City Council.
SECTION 2. The City Council hereby approves the addition of Section 2.38.070,
Campaign Finance Disclosure Statements - Electronic Filing System, to be added to
Chapter 2.38, General Municipal Elections, to read as follows:
Section 2.38.070 Campaign Finance Disclosure Statements - Electronic Filing
System
A. Required Use of Electronic Filing System.
113
Ordinance No. 1414 Page 2
1. Except as set forth in subsection B of this Section 2.3 8.070, any elected
officer, candidate, committee, other person required to file specified
statements, reports, forms, or other documents with the City Clerk as
required by Chapter 4 (commencing with Section 84100 of Title 9 of the
California Government Code, also known as the Political Reform Act), and
that has received contributions or made expenditures of $2,000 or more in
a calendar year, may electronically file such statements using the City's
online system according to procedures established by the City Clerk.
However, to ensure reporting continuity, once a statement, report, form, or
other document is filed electronically on behalf of any elected officer,
candidate, committee, or other person, all future statements, reports, forms,
and other documents filed on behalf of that officer, candidate, committee,
or other person must be filed electronically.
2. An elected officer, candidate, committee, or other person may choose not
to use the electronic filing system by filing all original statements, reports,
forms, or other documents in paper format with the City Clerk, until such
time as the City Council determines that electronic filing is mandatory for all
filers.
B. Paper Filing Not Required After Electronic Filing. Any elected officer, candidate,
committee, or other person who has electronically filed a statement, report,
form, or other document using the City's online system is not required to file a
copy of that document in a paper format with the City Clerk.
C. Filing Options When a Copy Must be Filed with the City Clerk. In any instance
in which an original statement, report, form, or other docum ent must be filed
with the Secretary of State or other agency, and a copy of that document is
required to be filed with the City Clerk, the filer may electronically file a copy
with the City Clerk or may file in a paper format.
D. Paper Filing When Cannot File Electronically. If, for technical reasons, the
City's system is not capable of accepting a particular type of statement, report,
form, or other document, an elected officer, candidate, committee, or other
person shall timely file that document in paper format with the City Clerk.
114
Ordinance No. 1414 Page 3
E. Internet Posting of Data. The City Clerk shall ensure that the City's system makes
all electronically filed statements, reports, forms, or other documents available
on the internet in an easily understood format that provides the greatest public
access. The data shall be made available free of charge and as soon as possible
after receipt/deadline. The data made available on the internet shall not contain
the street name of the persons or entity representatives listed on the
electronically filed forms or any bank account number required to be disclosed
by the filer. The City Clerk's office shall also make a complete, unredacted copy
of the statement, report, form, or other document available to the Fair Political
Practices Commission for Government Code Section 87200 filers.
F. Records Retention. The City Clerk's office shall maintain records according to
the City's records retention schedule and applicable State law commencing
from the date filed, a secured, official version of each online or electronic
statement, report, form, or other document, which shall serve as the official
version of that record.
Section 3. Severability. If any section, subsection, clause, or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council declares
that it would have passed each section, subsection, paragraph, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause, or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 18. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm Desert, California, and
shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON ___________________, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
115
Ordinance No. 1414 Page 4
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1414 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on May 9, 2024, and adopted at a regular
meeting of the City Council held on __________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
116
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Jenavieve Alvarez, Management Aide, Information Technology
REQUEST: DECLARATION OF SURPLUS PROPERTY AND AUTHORIZATION OF
DISPOSAL
RECOMMENDATION:
Declare the items listed on Attachment 1, to the staff report, as surplus property and authorize
disposal as appropriate.
BACKGROUND/ANALYSIS:
All items on the attached equipment list are broken or obsolete. Therefore, staff is requesting
that Council authorize disposal of the equipment in accordance with Finance Policy FIN-009 as
well as federal and state laws and guidelines.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with this item.
ATTACHMENTS:
1. Surplus Property List
117
118
Exhibit A - Surplus of Electronic Equipment & Other Items
Computers Asset #Condition Destination
Dell Optiplex 9288 Broken/obsolete e-waste
Dell Optiplex 9417 Broken/obsolete e-waste
Dell Optiplex 8866 Broken/obsolete e-waste
Dell Optiplex 9290 Broken/obsolete e-waste
Dell Optiplex 9231 Broken/obsolete e-waste
Dell Optiplex 9289 Broken/obsolete e-waste
Dell Optiplex 9417 Broken/obsolete e-waste
Dell Optiplex 8866 Broken/obsolete e-waste
Dell Optiplex 9290 Broken/obsolete e-waste
Dell Optiplex 9231 Broken/obsolete e-waste
Dell Optiplex 9289 Broken/obsolete e-waste
Dell Optiplex 9324 Broken/obsolete e-waste
Dell Precision 9126 Broken/obsolete e-waste
IBM Yoga Laptop 9120 Broken/obsolete e-waste
IBM Yoga Laptop 9123 Broken/obsolete e-waste
Microsoft Surface 9227 Broken/obsolete e-waste
IBM Yoga Laptop 9240 Broken/obsolete e-waste
IBM Yoga Laptop 9241 Broken/obsolete e-waste
IBM Thinkpad 9243 Broken/obsolete e-waste
IBM Thinkpad 9244 Broken/obsolete e-waste
Dell Lattitude 5590 9252 Broken/obsolete e-waste
Dell Lattitude 5590 9253 Broken/obsolete e-waste
IBM Thinkpad 9299 Broken/obsolete e-waste
IPAD 9327 Broken/obsolete e-waste
IBM Thinkpad 9542 Broken/obsolete e-wasted
IBM Thinkpad 9565 Broken/obsolete e-wasted
IBM Thinkpad 9496 Broken/obsolete e-wasted
IBM Thinkpad 9500 Broken/obsolete e-wasted
IBM Thinkpad 9501 Broken/obsolete e-wasted
IBM Thinkpad 9382 Broken/obsolete e-wasted
Dell Optiplex 3060 9449 Broken/obsolete e-wasted
Dell Optiplex 7060 9318 Broken/obsolete e-wasted
IBM Thinkpad L390 9402 Broken/obsolete e-wasted
Dell Optiplex 7070 Micro 9510 Broken/obsolete e-wasted
Dell Optiplex 7080 Micro 9598 Broken/obsolete e-wasted
Dell XPS 8930 9392 Broken/obsolete e-wasted
Dell Optipliex 7070 9473 Broken/obsolete e-wasted
Dell Optiplex 7060 9317 Broken/obsolete e-wasted
Dell Optiplex 7070 Micro 9522 Broken/obsolete e-wasted
Dell Optiplex 7070 9469 Broken/obsolete e-wasted
Dell Optiplex 7070 Micro 9467 Broken/obsolete e-wasted
Dell Optiplex 3060 9450 Broken/obsolete e-wasted
Dell Optiplex 7060 9319 Broken/obsolete e-wasted
119
Dell Optiplex 3060 9307 Broken/obsolete e-wasted
Dell Optipliex 7070 9470 Broken/obsolete e-wasted
Dell Optiplex 3060 9446 Broken/obsolete e-wasted
Dell Optiplex 7070 Micro 9461 Broken/obsolete e-wasted
Dell Optiplex 7070 Micro 9516 Broken/obsolete e-wasted
Dell Optiplex 7070 Micro 9559 Broken/obsolete e-wasted
Dell Optiplex 7070 Micro 9560 Broken/obsolete e-wasted
IBM Yoga Laptop 9240 Broken/obsolete e-wasted
IBM Thinkpad 9244 Broken/obsolete e-wasted
IBM Yoga Laptop 9120 Broken/obsolete e-wasted
IBM Yoga Laptop 9241 Broken/obsolete e-wasted
IBM Yoga Laptop 9123 Broken/obsolete e-wasted
Dell Optiplex 7060 9232 Broken/obsolete e-wasted
Dell Optiplex 3060 9256 Broken/obsolete e-wasted
IBM Yogi Laptop 9243 Broken/obsolete e-wasted
IBM Thinkpad 9299 Broken/obsolete e-wasted
Dell Optiplex 3060 9295 Broken/obsolete e-wasted
Monitors Asset #Condition Destination
Monitor 8180 broken e-waste
Monitor 8666 broken e-waste
Monitor 8906 broken e-waste
Monitor 8940 broken e-waste
Monitor 8929 broken e-waste
Viewsonic 22" monitor 8894 broken e-waste
Viewsonic 22" monitor 8857 broken e-waste
Dell 20" monitor 8971 broken e-waste
Furniture/Other Asset #Condition Destination
APC 7924 obsolete e-waste
APC 8124 obsolete e-waste
Dell Tape Autoloader 8798 obsolete e-waste
Drone 9413 broken e-waste
Projector 6157 old donated
120
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Eric Ceja, Director of Economic Development
REQUEST: APPROVAL OF THE VISIT GREATER PALM SPRINGS SECOND
AMENDED AND RESTATED JOINT POWERS AGREEMENT
RECOMMENDATION:
1. Approve and accept the updates to the Second Amended and Restated Joint Powers
Agreement (JPA) for Visit Greater Palm Springs (VGPS).
2. Authorize the Mayor and City Manager to execute all necessary documents to effectuate this
action.
BACKGROUND/ANALYSIS:
On March 14, 2024, the City Council approved the VGPS Second Amended and Restated JPA.
Subsequently, on March 26, 2024, the VGPS Joi nt Powers Authority Executive Committee
adopted a resolution to amend Section 12 of the JPA. The amended and restated agreement
was expanded to incorporate the City of Coachella into the JPA and establish both a n annual
minimum funding contribution of $35,000 and an interim fee based on gross sales. For the City
of Coachella, a one-time fee of $35,327 is required to join the JPA.
With approval by the Execuitve Committee, VGPS is requesting that each City approve and
accept the update to the JPA. Once fully executed by each individual city, the agreement will be
dated and sent to all participating cities.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact to the City of Palm Desert.
ATTACHMENTS:
1. Redlined Second Amended JPA Agreement
2. 2nd Amended and Restated Agreement (SBEMP)
3. Resolution No. JPA 2024-003 Executive Committee Resolution
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
DocuSign Envelope ID: 1D900B47-CD2B-49FF-A0AC-ED2FF9FAD161
173
DocuSign Envelope ID: 1D900B47-CD2B-49FF-A0AC-ED2FF9FAD161
174
1 - Mark Carnevale (Cathedral City)
8 - Gary Gardner, Waymond Fermon, Greg Sanders, Linda Evans, Jan Harnik, Jeffrey Bernstein, Steve Downs, Joaquin
Tijerina (Riverside County)
DocuSign Envelope ID: 1D900B47-CD2B-49FF-A0AC-ED2FF9FAD161
175
176
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Bassam AL-Beitawi, Senior Project Manager
REQUEST: APPROVE AMENDMENT NO. 3 TO CONTRACT NO. C41380 WITH
KIMLEY-HORN AND ASSOCIATES, INC., OF INDIAN WELLS,
CALIFORNIA, IN THE AMOUNT OF $310,000 FOR TRAFFIC
ASSESSMENTS AND DESIGNS
RECOMMENDATION:
1. Approve Amendment No. 3 to Contract No. C41380 with Kimley-Horn and Associates, Inc.,
of Indian Wells, California, for additional traffic engineering and design services in an amount
not to exceed $310,000.
2. Authorize the City Attorney to make any necessary non -monetary changes to the
amendment.
3. Authorize the City Manager or designee to exe cute the amendment and to review and
approve written contract amendment requests per Section 3.30.170 of the Palm Desert
Municipal Code for unforeseen circumstances.
BACKGROUND/ANALYSIS:
In April 2021, the City Council awarded Contract No. C41380 to Kimley-Horn and Associates,
Inc., in the amount of $488,229 to evaluate capacity and operations at intersections throughout
the community. The first phase of the project identified locations that are deficient based upon
criteria including safety, level of service and traffic operations.
In June 2022, the City Council approved Contract Amendment No. 1 to Contract No. C41380 in
the amount of $350,000 for the second phase. Following City review and selection of projects
for design, the second phase included designing and implementing such improvements.
In March 2023, the City Council approved Contract Amendment No. 2 for an additional $315,415
for on-call assignments through June 30, 2024, that included:
Continued signal timing review and support.
Continued support to the City for the CV Sync project implementation.
Grant application support (leading to a $970,000 award for the Vision Zero Strategy).
Prepare formal signal timing documents for all traffic signals.
Design safety and capacity improvements to Dinah Shore Drive and Monterey Avenue.
City staff requests approval of Amendment No. 3 to continue to undertake various traffic
assessments and designs through June 30, 2025, and add $310,000 to the total contract
amount. This will be the final amendment request as staff will proceed to advertise a request for
qualifications for traffic engineering consultants for Fiscal Year 2025-26.
177
City of Palm Desert
Kimley-Horn Amendment No. 3
Page 2 of 2
Amendment No. 3 will be utilized as needed for approved projects as noted in Attachment No.
1 and will be funded under various accounts including Measure A Fund 213 . Some of the tasks
include but are not limited to the following:
Task Fee
Task 1: Project Management and Meetings $30,000
Task 2: El Paseo Raised Mid-Block Crosswalk Design $130,000
Task 3: University Park Drive & College Drive On-Street Parking Improvements $85,000
Task 4: Cook Street and Fred Waring Drive Traffic Operation Improvements $25,000
Task 5: Mesa View Drive and Highway 74 Signal Warrant Analysis $25,000
Task 6: Portola Avenue and Magnesia Falls Drive Traffic Operation Analysis $15,000
Total: $310,000
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The City’s approved Capital Improvement Project (CIP) List for Fiscal Year 2023/24 and the
proposed CIP List for Fiscal Year 2024/25 include various projects that will require the services
provided under this contract. Staff requests approval of Amendment No. 3 to extend the contract
through June 30, 2025, and add $310,000 for a total contract of $1,463,644.
Contract Award Description Contract Amount
Traffic Engineering and
Design Services
04/21/2021 Contract No. C41380 $488,229
06/09/2022 Amendment No. 1 $350,000
03/23/2023 Amendment No. 2 $315,415
03/23/2024 Amendment No. 3 * $310,000
Total: $1,463,644
* Requested amount
ATTACHMENTS:
1. Amendment No. 3
2. Exhibit A – Scope of Services
178
Contract No. C41380
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF PALM DESERT AND KIMLEY-HORN AND ASSOCIATES, INC.
1. Parties and Date.
This Amendment No. 3 to the PROFESSIONAL SERVICES AGREEMENT is made and
entered into as of this 23rd day of May, 2024, by and between the City of Palm Desert (“City”) and
Kimley-Horn and Associates, Inc., a corporation incorporated in North Carolina, with its
principal place of business at 45-025 Manitou Drive, Suite 11, Indian Wells, CA 92210
(“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively
as “Parties.”
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled
“Professional Services” dated April 22, 2021 (“Agreement” or “Contract”) for the purpose of retaining
the services of Consultant to provide professional engineering services.
2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the
term and for additional compensation. The Parties have heretofore entered into that Amendment No.
2 dated March 23, 2023.
2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section
3.6.14 of the Agreement.
3. Terms.
3.1 Section 3.1.2 Term. Section 3.1.2 of the Agreement is hereby amended in its entirety
to read as follows:
3.1.2 Term. The term of this Agreement shall be from April 22, 2021, to June 30, 2025, unless
earlier terminated as provided herein. Consultant shall complete the Services within the term
of this Agreement and shall meet any other established schedules and deadlines.
3.2 Section 3.3.1 Compensation. Section 3.3.1 of the Agreement is hereby amended in
its entirety to read as follows:
3.3.1 Compensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit "A" attached hereto and incorporated herein by reference. The total compensation
shall not exceed One Million Four Hundred Sixty-Three Thousand Six Hundred Forty-
Four dollars ($1,463,644.00) without written approval of the City Council or City Manager, as
applicable.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever
the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as
amended by this Amendment No. 3.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
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Contract No. C41380
Page 2 of 3
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 3.
3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
3.6 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of
which is deemed to be an original, but when taken together shall constitute but one and the same
instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Contract No. C41380
Page 3 of 3
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF PALM DESERT AND KIMLEY-HORN AND ASSOCIATES, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the
PROFESSIONAL SERVICES AGREEMENT as of the day and year first above written.
CITY OF PALM DESERT
Approved By:
L. Todd Hileman
City Manager
Attested By:
Anthony J. Mejia
City Clerk
Approved As To Form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
KIMLEY-HORN AND ASSOCIATES, INC.
Signature
Name
Title
Signature
Name
Title
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
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kimley-horn.com 73-700 Dinah Shore Dr Unit 101, Palm Desert, CA 92211 760-565-5103
April 30, 2024
Mr. Bassam AL-Beitawi
Senior Project Manager
City of Palm Desert
73-510 Fred Waring Dr,
Palm Desert, CA 92260
RE: Proposal for Engineering Services in the City of Palm Desert
Dear Mr. AL-Beitawi:
Kimley-Horn and Associates, Inc. (Kimley-Horn or “the Consultant”) is pleased to submit this letter
proposal (the “Proposal”) to the City of Palm Desert (the “Client”) to perform the several tasks listed in
the following sections.
Scope of Services
Our scope of services and fee to perform these services are included below.
Task 1: Project Management & Meetings
The Kimley-Horn team will provide the following services for commencement and administration of
the projects.
Task 1.1 – Project Team Meetings
Project Team (PT) progress meetings will be conducted to maintain regular communication on
upcoming tasks and identify challenges. We have budgeted up to twelve PT meetings (virtual and/or
face to face as possible) to support the project.
Kimley-Horn will develop the agenda and prepare a summary of PT meeting notes with a list of
decisions, actions, and responsible party.
Deliverables: Kick-off meeting attendance and notes; PT status meetings and meeting notes (total of
up to twelve meetings)
Final in PDF format
Task 2: El Paseo Raised Mid-Block Crosswalk Design
Task 2.1 – Data Collection
Kimley-Horn will collect readily available as-builts and documentation from the City. Information will
be inputted into the project base plan to build the basis for design. This task assumes that no utility
coordination will be provided under this Project.
Kimley-Horn will obtain a design level topographic survey and include in the project base map. The
basis of survey is the North American Datum of 1983 (NAD 83) (Epoch 2010) and State Plane
Coordinates (California Coordinate System 1983, Zone 5, US survey foot). Elevations will be GPS
derived and per North American Vertical Datum of 1988 (NAVD 88). Collected data will be referenced
to find centerline or property monuments in the vicinity of the survey. The survey limits will be from
back of sidewalk to back of sidewalk from each side of the corridor and will show: flowlines, lip gutter,
top of curb, back of sidewalk, grade breaks, all points of curb ramp, surface visible utilities, striping,
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and other features that extend 25 feet beyond the survey limits. The survey will be delivered in .pdf,
.dwg, and .shp files. Project limits are shown in Figure 1 highlighted in blue.
Figure 1 - Raised Mid-Block Crosswalks Project Limits
Task 2.2 – Crosswalk Design
Kimley-Horn has teamed with Paul Hobson to provide five (5) conceptual design for the landing
surface of the raised crosswalks on El Paseo. The designs will be rendered in Photoshop by Paul
Hobson and presented to the City to approve a new art design for the crosswalks. The selected
design will replace the design on the existing raised crosswalk and will be added to the new raised
crosswalks as listed in the subsequent task.
Deliverables:
Five (5) Conceptual Crosswalk Designs
Task 2.3 – Plans, Specifications, and Estimates (PS&E)
Kimley-Horn will prepare signing and striping plans and civil plans for the removal of existing
crosswalk artwork. The plans will also show the proposed raised mid-block crosswalks with RRFB
systems design along El Paseo. Kimley-Horn will provide design plans for the following locations:
El Paseo – between San Pablo Avenue and Larkspur Lane (Up to one (1) sheet)
El Paseo – between Larkspur Lane and San Luis Rey Avenue* (Up to two (2) sheets)
Larkspur Lane – between El Paseo and Shadow Mountain Drive* (Up to two (2) sheets)
El Paseo – between Ocotillo Drive and Sage Lane* (Up to two (2) sheets)
El Paseo – between Sage Lane and Lupine Lane* (Up to two (2) sheets)
Detail Sheets (Up to two (2) sheets)
* Project locations include civil plan sheets too.
The signing and striping plans will be prepared in accordance with current City of Palm Desert and
Caltrans standards and will be prepared at 20-scale (1” = 20’) for the five (5) locations specified
above. The plans will reference screened traffic signal plans provided by the City. The plans show the
improvements recommended by the El Paseo Raised Mid-Block Crosswalks Study technical
memorandum. This task includes 80% and 100% submittals.
The civil plans will be prepared in accordance with current City of Palm Desert and Caltrans
standards and will be prepared at 20-scale (1” = 20’) for the four (4) locations specified above with an
asterisk (*). The plans will reference the survey files obtained by Kimley-Horn. The plans show the
improvements recommended by the El Paseo Raised Mid-Block Crosswalks Study technical
memorandum. This task includes 80% and 100% submittals.
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Deliverables:
80% Signing and Striping Plans
80% Civil Plans
100% Signing and Striping Plans
100% Civil Plans
Kimley-Horn will prepare project technical specifications and an OPCC. This task assumes that the
boiler plate specifications will be provided by the City. This task assumes up to one round of
consolidated City comments on the technical specifications and OPCC.
Deliverables:
80% Submittal Technical Specifications and OPCC
100% Submittal Technical Specifications and OPCC
Task 3: University Park Drive Dr & College Drive On-Street Parking Improvements
Task 3.1 – Data Collection
Kimley-Horn will collect readily available as-builts and documentation from the City. Kimley-Horn will
conduct field observation to verify information in the field. Information will be inputted into the project
base plan to build the basis for design.
Survey
Kimley-Horn will prepare an aerial-drone mapping of the Project area. Kimley-Horn’s in-house aerial
mapping system utilizes drone images in combination with ground control points, and real-time
kinematic (RTK) GPS positioning with a cellular connection to the California Real Time Network
(CRTN). The GPS elevations will be supplemented with level runs. A DJI Mavic 2 drone with be used
to take aerial images from 100 feet above ground with an overlap and sidelap of 80 percent. Using
ESRI’S SITESCAN software, the field data will be processed into Orthomosaics and 1-foot contour
mapping at 1”=20’ scale. It is assumed that all improvements will be within City right-of-way. Property
lines will be shown based on data obtained from the County of Riverside GIS system.
Task 3.2 – Plans, Specifications, and Estimates (PS&E)
Kimley-Horn will prepare signing and striping plans for the parking option selected by the City from
the On-Street Parking Assessment Technical Memorandum. The signing and striping plans will be
prepared to show the proposed on-street parking. The signing and striping plan will be prepared in
accordance with City of Palm Desert and Caltrans standards and will be prepared at 40-scale (1” =
40’) on up to one (1) signing and striping sheet and up to one (1) detail sheet. The plans will
reference aerial survey files and field observations performed by Kimley-Horn.
Kimley-Horn will prepare civil plans for the on-street parking option selected by the City. The civil
plans will be prepared in accordance with City of Palm Desert and Caltrans standards and will be
prepared at 20-scale (1” = 20’) on up to one (1) civil improvement sheet and one (1) detail sheet. The
plans will reference the survey files obtained by Kimley-Horn. The existing conditions feature a
standard crowned section draining into curb and gutter on both sides.
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Deliverables:
80% Signing and Striping Plans
80% Civil Plans
100% Signing and Striping Plans
100% Civil Plans
Kimley-Horn will prepare project technical specifications and an OPCC for the median removal. This
task assumes boiler plate specifications will be provided by the City. This task assumes up to one
round of consolidated City comments on the technical specifications and OPCC.
Deliverables:
80% Submittal Technical Specifications and OPCC
100% Submittal Technical Specifications and OPCC
Task 4: Cook Street & Fred Waring Drive Traffic Operation Improvements
Task 4.1 – Data Collection
Kimley-Horn will collect readily available as-builts and documentation from the City. Kimley-Horn will
conduct field observation to verify information in the field. Information will be inputted into the project
base plan to build the basis for design. This task assumes that no utility coordination and utility
relocation will be provided under this project.
Task 4.2 – Plans, Specifications, and Estimate
Kimley-Horn will prepare traffic signal modifications plans at the intersection of Cook Street and Fred
Waring Drive for a proposed right-turn overlap. The traffic signal modification plans will be prepared in
accordance with current City of Palm Desert and Caltrans standards and will be prepared at 20-scale
(1” = 20’) on up to one (1) traffic signal modification sheet and one (1) detail sheet. The plans will
reference screened traffic signal plans provided by the City. There will be an 80% and 100%
submittal.
Deliverables:
80% Traffic Signal Modification Plan
100% Traffic Signal Modification Plan
Kimley-Horn will prepare project technical specifications and an OPCC. This task assumes up to one
round of consolidated City comments on the technical specifications and OPCC.
Deliverables:
80% Submittal Technical Specifications and OPCC
100% Submittal Technical Specifications and OPCC
Task 4.3 – Prepare Updated Traffic Signal Timing Coordination & Traffic Signal Timing Sheets
Kimley-Horn will review and revise the existing signal timing coordination plans at the intersection of
Cook Street and Fred Waring. Based on the updated coordination parameters, Kimley-Horn will
prepare updated traffic signal timing sheets for Cook Street and Fred Waring
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Deliverables:
Updated signal timing sheets in PDF format for one (1) round of comments and review
Updated final signal timing sheets in PDF format
Task 5: Mesa View Drive and Highway 74 Signal Warrant Analysis
Task 5.1 – Data Collection and Level of Service (LOS) Analysis
Kimley-Horn will collect turning movement counts for a 12-hour period at the intersection of Mesa
View Drive and Highway 74. Counts will be provided for all approaches, vehicles, bicycles, and
pedestrians. Kimley-Horn will gather the most recent five-year collision data within 250 feet on the
intersection of Mesa View Drive and Highway 74.
Task 5.2 – Analysis Technical Memorandum
Kimley-Horn will prepare a technical memorandum to determine if the intersection of Mesa View Drive
and Highway 74 satisfies the criteria for the traffic signal warrant analysis. This task will summarize
the results of the traffic signal warrant analysis for the intersection of Mesa View Drive and Highway
74. The analysis will be performed using the California Manual of Uniform Traffic Control Devices (CA
MUTCD)(Revision 4). This task will summarize the intersection’s sight distance analysis performed
using the requirements of the California Highway Design Manual (7th Edition) Chapter 400.
Deliverables
One (1) Technical memorandum for Traffic Signal Warrant Analysis Draft in PDF format
One (1) Technical memorandum for Traffic Signal Warrant Analysis Final in PDF format
Task 6: Portola Avenue and Magnesia Falls Drive Traffic Operation Analysis
Task 6.1 – Data Collection and Level of Service (LOS) Analysis
Kimley-Horn will collect turning movement counts for a 12-hour period at the intersection of Portola
Avenue and Magnesia Falls Drive. Counts will be provided for vehicles, bicycles, and pedestrians.
Kimley-Horn will collect the most recent five-year collision data within 250 feet on the intersection of
Portola Avenue and Magnesia Falls Drive. The City will provide Kimley-Horn with the most recent
traffic signal timing sheet for the Portola Avenue and Magnesia Falls Drive. Kimley-Horn will perform
a Synchro model analysis to determine the Level of Service (LOS) and 95th percentile queue using
the Highway Capacity Manual (HCM) of the existing conditions.
Task 6.2 – Analysis Technical Memorandum
Kimley-Horn will prepare a technical memorandum summarizing the results of the LOS analysis. The
technical memorandum will assess the feasibility of eliminating the right turn overlap at this
intersection based on the LOS analysis, field observations, potential cost, operational considerations,
and existing conditions. Additionally, the technical memorandum will recommend mitigations to
prevent U-turns at the median on Magnesia Fall Drive just east of the study intersection. The memo
will include a planning level (OPCC) for eliminating the right turn on red restrictions at this intersection
and the recommended mitigations to prevent U-turns at the median.
Deliverables
One (1) Technical Memorandum for Traffic Operations Analysis Draft in PDF format
One (1) Technical Memorandum for Traffic Operations Analysis Final in PDF format
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Schedule
We are prepared to begin work upon receipt of authorization to proceed and will endeavor to meet the
Client’s schedule.
Fee and Billing
Kimley-Horn will perform the services described in the Scope of Services on a Lump Sum (LS) basis
of $310,000.
Task Fee
Task 1: Project Management & Meetings $30,000
Task 2: El Paseo Raise Mid-Block Crosswalk Design $130,000
Task 3: University Park Drive & College Drive On Street Parking Improvements $85,000
Task 4: Cook Street & Fred Waring Drive Traffic Operation Improvements $25,000
Task 5: Mesa View Drive and Highway 74 Signal Warrant Analysis $25,000
Task 6: Portola Avenue and Magnesia Falls Drive Traffic Operation Analysis $15,000
Total $310,000
All permitting, application, and similar project fees will be paid directly by the City. Fees and expenses
will be invoiced monthly based, as applicable, upon the percentage of services completed or actual
services performed, and expenses incurred as of the invoice date.
Closure
We appreciate the opportunity to provide these services to you. Please feel free to contact me at
(818) 970-2048 or Jean.fares@kimley-horn.com if you have any questions or if you need additional
information.
Sincerely,
Kimley-Horn and Associates, Inc.
Jean Fares, P.E. (#TR 2097)
Project Manager
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: AWARD CONTRACT TO GAMETIME IN THE AMOUNT OF $157,490 FOR
IMPROVEMENTS AT CIVIC CENTER DOG PARK (PROJECT NO.
CFA00011)
RECOMMENDATION:
1. Waive any minor proposal irregularities and award a contract to Playcore Wisconsin , Inc.,
dba GameTime of Fort Payne, Alabama, in an amount not to exceed $157,490 for
improvements at Civic Center Dog Park.
2. Authorize the Director of Finance to set aside a contingency in the amount of $20,000 for
unforeseen circumstances.
3. Authorize the City Manager to review and approve change orders for any unforeseen
circumstances per Section 3.30.170 of Ordinance No. 1392.
4. Authorize the City Attorney to make any necessary, non-monetary changes to the
Agreement.
5. Authorize the City Manager to execute said agreement and contract amendments as needed
to complete said work.
BACKGROUND/ANALYSIS:
The Civic Center Dog Park is one of the most used dog parks in the City of Palm Desert. Due to
its heavy use, staff identified several areas in which the park requires improvement in order to
uphold the City standards. These improvements included the replacement of the shade structure
and installation of new park furnishings. On August 20, 2023, Tropical Storm Hilary brought
unprecedented rain and wind to the Coachella Valley which caused further damage to the dog
park shade structure. Therefore, the replacement of the shade structure is inevitable. The storm
also identified drainage and compaction issues, which staff intends to correct with the
construction of landscape improvements.
For the dog park shade improvements, staff did not solicit multiple proposals. Instead following
Section 3.30.160 of the Purchasing Policy, a cooperative agreement was utilized to ensure the
competitive bidding process was met. Previously, the City contracted with GameTime, OMNIA
cooperative agreement No. 2017001134, for multiple parks and recreation projects with positive
outcomes. For this reason, staff request awarding the attached agreement with GameTime to
install the proposed improvements.
Legal Review:
This report has been reviewed by the City Attorney’s office.
189
City of Palm Desert
Award Contract to GameTime for Civic Center Dog Park Improvements - Project No. CFA0001
Page 2 of 2
FINANCIAL IMPACT:
The approved Capital Improvement Project (CIP) List for Fiscal Year 2023/24 included $450,000
for the Civic Center Dog Park Improvements Project. After the repairs damages caused by
Tropical Storm Hilary, the cost of the project was increased due to the need to improve the
quality of the shade structure and landscaping. For this reason, on March 14, 2024, the City
Council approved an appropriation from City Facility Reserve Funds to Account No. 4004674-
4400100 to provide the amount necessary to cover the difference between the budget and actual
project cost. Therefore, there is no additional financial impact to the general fund with this
approval.
Description Budget Improvements Account Balance
Civic Center Dog Park (CFA00011) $450,000
04/14/24 Appropriation $810,317
Restroom Remodel $177,698.52
Dog Park Photometric Study $9,000.00
Dog Park Shade Structure Order $106,150.27
Paint Light Fixtures $17,900.00
Dog Park Lighting Replacement $85,538.70
Dog Park Fence Replacement $451,329.09
Turf and Drainage Improvement (Estimate) $225,000
*Shade Structure / Furnishings Installation *$157,490.00
*Shade Structure Contingency $20,000.00
TOTAL $1,260,317 $1,225,106.58 $10,210.42
*Current request
ATTACHMENTS:
1. GameTime Proposal
2. Agreement
3. Performance and Payment Bonds
190
City of Palm Desert
Attn: Brad Chuck
43900 San Pablo Ave
Palm Desert, CA 92260
Phone: 760-423-3392
bchuck@palmdesert.gov
Ship to Zip 92260
Quantity Part #Description Unit Price Amount
1 INSTALL TJ Janca - Shade Shelter Installation-
•Installation only of (1) Superior 40’x30’x8’ Rectangular Shade
•Footing excavation and concrete-through dirt/grass; Footings based on 3’DIA x 7’ DEEP
•Rebar cages and anchor bolts included.
•Assembly of shade structure.
•Includes 3 course CMU wrap to match the attached image below. Final price may be adjusted
based on approved details from architect.
•Prevailing wage
•Off-site disposal of spoils.
•Based on good access for equipment.
•Final price based on approved stamped plans*
•Price includes one (1) move-on only.
$137,255.00 $137,255.00
1 INSTALL TJ Janca - Site Amenities-
•Installation only of (6) Concrete Tables-Set in place
•Installation only of (2) Drinking Fountains- Set in place; hook ups by others*
•Removal of construction debris.
•Prevailing wages.
•Price includes one (1) move-on only
$16,265.00 $16,265.00
1 8888 GameTime - For Billing Purposes Only
1 PPBOND Payment and Performance Bond - Payment and Performance Bond $3,970.00 $3,970.00
Contract: OMNIAꢀ#2017001134 Sub Total $157,490.00
Total $157,490.00
Comments
Your Sales Rep is Myles Harvey. Please reach out to Myles at 805-320-9007 if you should have any questions regarding this quote.
Due to the volatility of freight costs, the freight pricing is subject to change at the time of order.
Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old.
Shipping to Site Address:
43900 San Pablo Ave
Palm Desert, CA 92260
*Freight charges are based on listed zip code and are subject to change if shipping information changes.
*Deposit may be required.
Prevailing Wages
City of Palm Desert OMNIA # 4001732
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
ꢀꢀꢀ.gwpark.com
03/07/2024
Quote #
110403-02-01
Civic Center Park Dog Park Site Amenities Installation
Page 1 of 3
191
Remit Payment to:
GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:
All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.
If sales tax exempt, you must provide a copy of certificate to be considered exempt.
Prices:
FOB Factory.
Orders:
All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.
Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships
Standard orders with equipment, installation and surfacing are requested to be split billed.
Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.
Terms:
Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire)
are eligible for a three percent (3%) cash with order discount.
Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your
payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by
check, ACH or Wire without any additional fees.
Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved
prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:
Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable)
A 1.5% per month finance charge will be imposed on all past due invoices.
Retainage not accepted.
Orders under $5,000 require payment with order.
DIR# 1000015526 CSLB#855664
INSTALLATION CONDITIONS:
ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.
STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once
equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted
on the quotation.
FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown
conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional
labor or materials cost.
UTILITIES: Owner is responsible for locating any private utilities.
ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in
this quotation. If additional site work or specialized equipment is required, pricing is subject to change.
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
ꢀꢀꢀ.gwpark.com
03/07/2024
Quote #
110403-02-01
Civic Center Park Dog Park Site Amenities Installation
Page 2 of 3
192
ACCEPTANCE OF QUOTATION:
Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Purchase Amount: $157,490.00 Date: _______________________________
________________________________________________________________
Signature
Please fill out this ORDER FORM, this is required to process the
order.
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
ꢀꢀꢀ.gwpark.com
03/07/2024
Quote #
110403-02-01
Civic Center Park Dog Park Site Amenities Installation
Page 3 of 3
193
194
Contract No. ___________
1
CITY OF PALM DESERT
SHORT FORM CONSTRUCTION CONTRACT
1. Parties and Date. This Agreement is made and entered into this 23rd day of May, 2024,
by and between the City of Palm Desert, a municipal corporation organized under the laws of the
State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert,
California 92260-2578, (“City”) and PLAYCORE WISCONSIN, dba GAMETIME, a Corporation,
with its principal place of business at 150 PLAYCORE DRIVE SE, FORT PAYNE, AL 35967
("Vendor"). The City and Vendor are sometimes individually referred to herein as "Party" and
collectively as "Parties."
2. Recitals.
2.1 City. City is a public agency organized under the laws of the State of California,
with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is duly licensed and experienced in providing
the installation of shade structure, new park furnishings and construction of landscape
improvements related construction services to public clients, that it and its employees or
subcontractors have all necessary licenses and permits to perform the services in the State of
California, and that it is familiar with the plans of City.
2.3 Project.
The City is a public agency of the State of California and is in need of services for the
following project:
CIVIC CENTER DOG PARK IMPROVEMENTS PROJECT
PROJECT NO. CFA00011
(hereinafter referred to as “the Project”).
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, Performance Bond, Payment Bond, Insurance Documents, and other
certifications] as required by the Contract.
3. Terms.
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full
by reference the following documents, including all exhibits, drawings, specifications, and
documents therein, and attachments and addenda thereto:
Services/Schedule (Exhibit “A”)
Plans and Specifications (Exhibit “B”)
Special Conditions (Exhibit “C”)
Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)
Fleet Compliance Certification (Exhibit “E”)
Public Works Contractor Registration Certification (Exhibit “F”)
Payment and Performance Bonds (Exhibit “G”)
Federal Requirements (Exhibit “H”)
Addenda
Change Orders executed by the City
Notice Inviting Bids, if any
195
Contract No. ___________
2
Instructions to Bidders, if any
Contractor’s Bid
3.1.1 Precedence. To the extent there is a conflict between any portions of this
Contract, the order of precedence shall be as follows: change orders, special conditions, technical
specifications, plans/construction drawings, general contract terms, scope of work, standard
plans, advertisements for bid/proposals, bids/proposals or other documents submitted by
Contractor.
3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at
its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services,
and incidental and customary work necessary to fully and adequately complete the Project,
including all structures and facilities necessary for the Project or described in the Contract
(hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant
to this Contract. All Work shall be subject to, and performed in accordance with the above
referenced documents, as well as the exhibits attached hereto and incorporated herein by
reference. The plans and specifications for the Work are further described in Exhibit “B” attached
hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work
are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method
of performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change, addition
or deletion is approved in advance and in writing by a valid change order executed by the City
(“Change Order”).
3.2.1.1 Change Orders. Changes to the Contract Time (as defined in
Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed
by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract
Time unless the delay impacts the critical path to completion and the delay was not caused in
whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a
waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change
Orders shall be accompanied by detailed supporting documentation, including but not limited to
payroll records, invoices, schedules, and any other documentation requested by the City for the
purpose of determining the additional costs or the impact of any delay. If the change involves
Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there
is no unit price, then the Total Contract Price shall be adjusted to account for costs actually
incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount
of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office
space, any materials, or any costs of equipment idle time for such work. Nothing herein shall
prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a
written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed
with the work in accordance with the directive. To the extent the directive results in extra work or
requires additional Contract Time, Contractor shall request a Change Order within seven (7) days
of receiving the Work Directive. If any costs are not capable of being determined within seven (7)
days, then Contractor shall request a Change Order within seven (7) days of when the c osts are
capable of being determined.
(B) Changes Requested By Contractor. With respect to any
matter that may involve or require an adjustment to the Contract Time or the Contract Price,
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Contractor shall provide written notice of the underlying facts and circumstances that gave rise to
the potential change within seven (7) days or prior to the alteration of conditions, whichever is
earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If
any costs are not capable of being determined within seven (7) days, then Contractor shall request
a Change Order within seven (7) days of when the costs are capable of being determined.
3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code section
3400(b), the City may make a finding that designates certain products, things, or services by
specific brand or trade name. Unless specifically designated in this Contract, whenever any
material, process, or article is indicated or specified by grade, patent, or proprietary name or by
name of manufacturer, such Specifications shall be deemed to be used for the purpose of
facilitating the description of the material, process or article desired and shall be deemed to be
followed by the words “or equal”.
Contractor may, unless otherwise stated, offer for substitution any material, process or
article which shall be substantially equal or better in every respect to that so indicated or specified
in this Contract. However, the City may have adopted certain uniform standards for certain
materials, processes, and articles. Contractor shall submit requests, together with substantiating
data, for substitution of any “or equal” material, process, or article no later than thirty-five (35)
days after award of the Contract. To facilitate the construction schedule and sequencing, some
requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions
regarding submission of “or equal” requests shall not in any way authorize an extension of time
for performance of this Contract. If a proposed “or equal” substitution request is rejected,
Contractor shall be responsible for providing the specified material, process, or article. The burden
of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process, or article
is an “or equal” material, process or article that may be substituted. Data required to substantiate
requests for substitutions of an “or equal” material, process or article data shall include a signed
affidavit from Contractor stating that, and describing how, the substituted “or equal” material,
process or article is equivalent to that specified in every way except as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data
including catalog information which describes the requested substituted “or equal” material,
process or article, and substantiates that it is an “or equal” to the material, process or article. The
substantiating data must also include information regarding the durability and lifecycle cost of the
requested substituted “or equal” material, process, or article. Failure to submit all the required
substantiating data, including the signed affidavit, to the City in a timely fashion will result in the
rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution
requests. Contractor shall be responsible for all costs related to a substituted “or equal” material,
process, or article. Contractor is directed to the Special Conditions (if any) to review any findings
made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages. Contractor shall perform and
complete all Work under this Contract within 30 days, beginning the effective date of the Notice
to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any
completion schedule, construction schedule or project milestones developed by the City. Such
schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be
provided separately in writing to Contractor. Contractor agrees that if such Work is not completed
within the aforementioned Contract Time and/or pursuant to any such completion schedule,
construction schedule or project milestones developed pursuant to provisions of the Contract, it
is understood, acknowledged and agreed that the City will suff er damage. Pursuant to
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Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages the sum of Two Hundred and Fifty Dollars ($250) per day for each and every calendar
day of delay beyond the Contract Time or beyond any completion schedule, construction
schedule, or Project milestones established pursuant to the Contract.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all
Work under this Contract in a skillful and workmanlike manner, and consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Work. Contractor warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor
represents that it, its employees, and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Work, including a City
Business License, and that such licenses and approvals shall be maintained throughout the term
of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement
from the City, any work necessary to correct errors or omissions which are caused by Contractor’s
failure to comply with the standard of care provided for herein. Any employee who is determined
by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any
employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be
promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. Any
additional personnel performing the work governed by this Contract on behalf of Contractor shall
at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance under this
Contract and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor
to furnish all materials and to perform all Work according to the terms and conditions herein
contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall
pay to Contractor, as full consideration for the satisfactory performance by Contractor of the
services and obligations required by this Contract, the below-referenced compensation in
accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of ONE HUNDRED FIFTY-
SEVEN THOUSAND, FOUR HUNDRED NINTEY DOLLARS ($157,490) (“Total Contract Price”)
provided that such amount shall be subject to adjustment pursuant to the applicable terms of this
Contract or written Change Orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty
(30) or less calendar days, City will arrange for payment of the Total Contract Price upon
completion and approval by City of the Work. If the Work is scheduled for completion in more than
thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On
or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized
application for payment in the format supplied by the City indicating the amount of Work completed
since commencement of the Work or since the last progress payment. These applications shall
be supported by evidence which is required by this Contract and such other documentation as
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the City may require. The Contractor shall certify that the Work for which payment is requested
has been done and that the materials listed are stored where indicated. Contractor may be
required to furnish a detailed schedule of values upon request of the City and in such detail and
form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other
expenses involved in order to provide a basis for determining the amount of progress payments.
Contractor shall submit its final invoice to City within thirty (30) days from the last date of the Work
or termination in accordance with this Contract and failure by the Contractor to submit a timely
invoice shall constitute a waiver of its right to final payment.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests
in accordance with the provisions set forth in Section 20104.50 of the California Public Contract
Code. No progress payments will be made for Work not completed in accordance with this
Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the
proper payment of its employees, subcontractors, suppliers, or others.
3.7.4 Contract Retentions. From each approved progress estimate, 5% will be
deducted and retained by the City, and the remainder will be paid to Contractor. All Contract
retention shall be released and paid to Contractor and subcontractors pursuant to California
Public Contract Code section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct
from each progress payment an amount necessary to protect City from loss because of: (1)
liquidated damages which have accrued as of the date of the application for payment; (2) any
sums expended by the City in performing any of Contractor’s obligations under the Contract which
Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied;
(4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for
the unpaid balance of the Total Contract Price or within the Contract Time; (6) unsatisfactory
prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure
of Contractor to maintain or submit on a timely basis proper and sufficient documentation as
required by the Contract or by City during the prosecution of the Work; (9) erroneous or false
estimates by Contractor of the value of the Work performed; (10) any sums representing
expenses, losses, or damages as determined by the City, incurred by the City for which Contractor
is liable under the Contract; and (11) any other sums which the City is entitled to recover from
Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the
California Labor Code. The failure by the City to deduct any of these sums from a progress
payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public
Contract Code section 22300, the City will permit the substitution of securities for any monies
withheld by the City to ensure performance under the Contract. At the request and expense of
Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with
a state or federally chartered bank in California as the escrow agent, and thereafter the City shall
then pay such monies to Contractor as they come due. Upon satisfactory completion of the
Contract, the securities shall be returned to Contractor. For purposes of this Section and Section
22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean
the time the City has issued written final acceptance of the Work and filed a Notice of Completion
as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any
securities substituted for monies withheld and shall receive any interest thereon. The escrow
agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and
on account of work performed by such subcontractors in accordance with the terms of their
respective subcontracts and as provided for in Section 7108.5 of the California Business and
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Professions Code. Such payments to subcontractors shall be based on the measurements and
estimates made and progress payments provided to Contractor pursuant to this Contract.
3.7.8 Title to Work. As security for partial, progress, or other payments, title to
Work for which such payments are made shall pass to the City at the time of payment. To the
extent that title has not previously been vested in the City by reason of payments, full title shall
pass to the City at delivery of the Work at the destination and time specified in this Contract. Such
transferred title shall in each case be good, free, and clear from any and all security interests,
liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate,
or otherwise encumber the items in any manner that would result in any lien, security interest,
charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by
the City, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall
not relieve Contractor of responsibility for any loss of or damage to items.
3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and
material releases from all subcontractors performing work on, or furnishing materials for, the Work
governed by this Contract prior to final payment by City.
3.8 Labor
3.8.1 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations,
Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. Since the Work is being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$25,000 or more for a public works project or $15,000 or more for a maintenance project,
Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor
with a copy of the prevailing rates of per diem wages in effect at the commencement of this
Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested parties
upon request and shall post copies at Contractor’s principal place of business and at the project
site. Contractor shall defend, indemnify, and hold the City and their respective officers, agents,
employees, volunteers, and representatives free and harmless from any claim or liability arising
out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any
subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each
worker paid less than the prevailing wage rates.
3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an
apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the
California Labor Code with respect to the employment of properly registered apprentices upon
public works. The primary responsibility for compliance with said section for all apprenticeable
occupations shall be with Contractor. The Contractor or any subcontractor that is determined by
the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty
an amount not exceeding $100 for each full calendar day of noncompliance, or such greater
amount as provided by law.
3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes
a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit
a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight
(8) hours in any one calendar day and forty (40) hours in any one calendar week, except when
payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for
that worker.
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3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by him or her in connection with
the public work. The payroll records shall be certified and shall be available for inspection at all
reasonable hours at the principal office of Contractor in the manner provided in Labor Code
section 1776. In the event of noncompliance with the requirements of this section, Contractor shall
have 10 days in which to comply subsequent to receipt of written notice specifying in what
respects such Contractor must comply with this section. Should noncompliance still be evident
after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for
each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The
amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found
to have violated the provisions of law regarding wages on Public Works with the intent to defraud
shall be ineligible to bid on Public Works contracts for a period of one to three years as determined
by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement, such penalties shall be withheld from progress
payments then due. The responsibility for compliance with this section is on Contractor. In
accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish
the certified payroll records directly to the DIR on a weekly basis and in the f ormat prescribed by
the DIR, which may include electronic submission. The requirement to submit certified payroll
records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to
work performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Section 1771.4.
3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code
sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a
bid proposal, or enter into a contract to perform public work must be registered with the
Department of Industrial Relations. No bid will be accepted, nor any contract entered into without
proof of the contractor’s and subcontractors’ current registration with the Department of Industrial
Relations to perform public work. Contractor is directed to review, fill out and execute the Public
Works Contractor Registration Certification attached hereto as Exhibit “F” prior to contract
execution. Notwithstanding the foregoing, the contractor registration requirements mandated by
Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works
project that is exempt pursuant to the small project exemption specified in Labor Code Sections
1725.5 and 1771.1.
3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s
sole responsibility to evaluate and pay the cost of complying with all labor compliance
requirements under this Contract and applicable law. Any stop orders issued by the Department
of Industrial Relations against Contractor or any subcontractor that affect Contractor’s
performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay
arising out of or resulting from such stop orders shall be considered Contractor caused delay
subject to any applicable liquidated damages and shall not be compensable by the City.
Contractor shall defend, indemnify, and hold the City and their respective officers, agents,
employees, volunteers, and representatives free and harmless from any claim or liability arising
out of stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor.
3.9 Performance of Work; Jobsite Obligations.
3.9.1 Water Quality Management and Compliance.
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3.9.1.1 Water Quality Management and Compliance. Contractor shall
keep itself and all subcontractors, staff, and employees fully informed of and in compliance with
all local, state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Work including, without limitation, all applicable provisions of the Federal
Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality
Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm
water; and any and all regulations, policies, or permits issued pursuant to any such authority
regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality
Control Act, to any ground or surface water in the State.
3.9.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant
Discharge Elimination System General Permit for Storm Water Discharges Associated with
Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It
shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the
Permit for all construction activity which results in the disturbance of more than one acre of total
land area, or which is part of a larger common area of development or sale. Prior to initiating work,
Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution
Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for
procuring, implementing, and complying with the provisions of the Permit and the SWPPP,
including the standard provisions, and monitoring and reporting requirements as required by the
Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to
meet the conditions and requirements of the job site as it progresses through difference phases
of construction and is subject to different weather conditions. It shall be Contractor’s sole
responsibility to update the SWPPP as necessary to address conditions at the project site.
3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor
shall comply with the lawful requirements of any applicable municipality, drainage City, or local
agency regarding discharges of storm water to separate storm drain systems or other
watercourses under their jurisdiction, including applicable requirements in municipal storm water
management programs.
3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters
may be encountered at various times during construction of the Work. Therefore, the Contractor,
hereby acknowledges that it has investigated the risk arising from such waters and assumes any
and all risks and liabilities arising therefrom.
3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit
is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract,
Contractor hereby agrees to defend, indemnify, and hold harmless the City and their respective
directors, officers, agents, employees, volunteers, and representatives for any alleged violations.
In addition, City may seek damages from Contractor for any delay in completing the Work in
accordance with the Contract, if such delay is caused by or related to Contractor’s failure to
comply with the Permit.
3.9.1.6 Reservation of Right to Defend. City reserves the right to defend
any enforcement action brought against the City for Contractor’s failure to comply with the Permit
or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification
provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City
for the costs (including the City’s attorney’s fees) associated with, any settlement reached
between the City and the relevant enforcement entity.
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3.9.1.7 Training. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
paragraph 3.9.1. Contractor further warrants that it, its employees, and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract.
Upon request, City will provide the Contractor with a list of training programs that meet the
requirements of this paragraph.
3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. Contractor shall comply with the requirements of the
specifications relating to safety measures applicable in particular operations or kinds of work. In
carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state
and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the Work and the conditions under which the Work is
to be performed. Safety precautions as applicable shall include, but shall not be limited to,
adequate life protection and lifesaving equipment; adequate illumination for underground and
night operations; instructions in accident prevention for all employees, such as machinery guards,
safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching
and shoring, fall protection and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the
proper inspection and maintenance of all safety measures. Furthermore, Contractor shall
prominently display the names and telephone numbers of at least two medical doctors practicing
in the vicinity of the Project, as well as the telephone number of the local ambulance service,
adjacent to all telephones at the Project site.
3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state, and federal laws, rules and regulations in any manner affecting
the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give
all notices required by law. Contractor shall be liable for all violations of such laws and regulations
in connection with the Work. If Contractor observes that the drawings or specifications are at
variance with any law, rule, or regulation, it shall promptly notify the City in writing. Any necessary
changes shall be made by written Change Order. If Contractor performs any work knowing it to
be contrary to such laws, rules, and regulations and without giving written notice to the City,
Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the
State of California subject to certain provisions of the Health & Safety Code, Government Code,
Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions
of the law applicable to the public contracts of a municipality are a part of this Contract to the
same extent as though set forth herein and will be complied with.
3.9.4 Permits and Licenses. Contractor shall be responsible for securing City
permits and licenses necessary to perform the Work described herein, including, but not limited
to, any required business license. While Contractor will not be charged a fee for any City permits,
Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or
subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this
Project.
3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the
Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more
in depth, Contractor shall comply with all applicable provisions of the California Labor Code,
including Section 6705. To this end, Contractor shall submit for City’s review and approval a
detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for
worker protection from the hazard of caving ground during the excavation of such trench or
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trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a
registered civil or structural engineer.
3.9.6 Hazardous Materials and Differing Conditions. As required by California
Public Contract Code section 7104, if this Contract involves digging trenches or other excavations
that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to
disturbance of any conditions, notify City of: (1) any material discovered in excavation that
Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II
or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from
those indicated by City; and (3) unknown physical conditions of an unusual nature at the site,
significantly different from those ordinarily encountered in such contract work. Upon notification,
City shall promptly investigate the conditions to determine whether a Change Order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date
and shall proceed with all Work to be performed under the Contract but shall retain all rights
provided by the Contract or by law for making protests and resolving the dispute.
3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the
California Government Code, City shall compensate Contractor for the costs of: (1) locating and
repairing damage to underground utility facilities not caused by the failure of Contractor to
exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in
the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall
not be assessed liquidated damages for delay caused by failure of City to provide for removal or
relocation of such utility facilities.
3.9.8 Air Quality. Contractor must fully comply with all applicable laws, rules and
regulations in furnishing or using equipment and/or providing services, including, but not limited
to, emissions limits and permitting requirements imposed by the California Air Resources Board
(CARB) and all applicable requirements of Title 13, California Code of Regulations Division 3,
Chapter 9 (Regulation). Although CARB limits and requirements are broader, Contractor shall
specifically be aware of their application to “portable equipment”, which definition is considered
by CARB to include any item of equipment with a fuel-powered engine.
Throughout the Project, and for three (3) years thereafter, Contractor shall make
available for inspection and copying any and all documents for information associated with
Contractor’s and its subcontractors’ fleets, including, without limitation, Certificates of Repor ted
Compliance (CRCs), fuel/refueling records, maintenance records, emissions records, and any
other information the Contractor is required to produce, keep or maintain pursuant to the
Regulation or any other requirement imposed by CARB upon two (2) calendar days’ notice from
the City.
Contractor shall be solely liable for any and all costs associated with compliance
with, as well as for any and all penalties, fines, damages associated with any and all violations,
or failures to comply with, the Regulation or any other requirement(s) imposed by CARB.
Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other
governmental or regulatory agency for violations of applicable laws, rules and/or regulations by
Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity
obligations provided for in this Contract.
3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling
Mandates. Any recyclable materials/debris collected by the Contractor that can be feasibly
diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
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3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be
performed and has become acquainted with all conditions affecting the Work. Contractor warrants
that it has made such examinations as it deems necessary to determine the condition of the Work
sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s
ability to protect existing surface and subsurface improvements. No claim for allowances–time or
money–will be allowed as to such matters.
3.9.11 Field Measurements. Contractor shall make field measurements, verify
field conditions, and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing activities.
Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and
prior to performing any work or altering the condition.
3.10 Completion of Work. When Contractor determines that it has completed the Work
required herein, Contractor shall so notify City in writing and shall furnish all labor and material
releases required by this Contract. City shall thereupon inspect the Work. If the Work is not
acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items
of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed
the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once
the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to
be paid, less any amount which City may be authorized or directed by law to retain.
3.11 Claims; Government Code Claim Compliance.
3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise
between the City and Contractor regarding performance of the Work, or any alleged change in
the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim
for additional compensation for the work to the City within three (3) days after commencement of
the disputed work. Contractor’s failure to give written notice within the three (3)-day period
constitutes an agreement by Contractor that it will receive no extra compensation for the disputed
work and shall constitute a waiver of the right to further pursue the claim under the Contract or at
law.
3.11.1.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the
California Public Contract Code prescribes a process utilizing informal conferences, non-binding
judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims
of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code
prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the
California Public Contract Code. This Section shall be construed to be consistent with all
applicable law, including but not limited to these statutes.
3.11.1.2 Claims. For purposes of this Section, “Claim” means a separate
demand by the Contractor for:
(A) An adjustment to the time for completion including,
without limitation, for relief from damages or penalties for delay assessed by the City;
(B) Payment by the City of money or damages arising from
Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not
otherwise expressly provided or to which the Contractor is not otherwise entitled; or
(C) An amount the payment of which is disputed by the City.
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A “Claim” does not include any demand for payment for which the Contractor has failed to
provide notice, request a Change Order, or otherwise failed to follow any procedures contained
in the Contract Documents.
3.11.1.3 Filing Claims. Claims governed by this Section may not be filed
unless and until the Contractor completes any and all requirements of the Contract Documents
pertaining to notices and requests for changes to the Contract Time or Contract Price, and
Contractor’s request for a change has been denied in whole or in part. Claims governed by this
Section must be filed no later than thirty (30) days after a request for change has been denied in
whole or in part or after any other event giving rise to the Claim . The Claim shall be submitted in
writing to the City and shall include on its first page the following words in 16-point capital font:
“THIS IS A CLAIM.” The Claim shall include all the information and documents necessary to
substantiate the Claim, including but not limited to those identified below. Nothing in this Section
is intended to extend the time limit or supersede notice requirements otherwise provided by
Contract Documents. Failure to follow such contractual requirements shall bar any Claims or
subsequent proceedings for compensation or payment thereon.
3.11.1.4 Supporting Documentation. The Contractor shall submit all
claims in the following format:
(A) Summary description of Claim including basis of
entitlement, merit and amount of time or money requested, with specific reference to the Contract
Document provisions pursuant to which the Claim is made
(B) List of documents relating to claim:
(1) Specifications
(2) Drawings
(3) Clarifications (Requests for Information)
(4) Schedules
(5) Other
(C) Chronology of events and correspondence
(D) Narrative analysis of claim merit
(E) Analysis of Claim cost, including calculations and
supporting documents
(F) Time impact analysis in CPM format
3.11.1.5 City’s Response. Upon receipt of a Claim pursuant to this
Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed
45 days, shall provide the Contractor a written statement identifying what portion of the Claim is
disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim
will be processed and made within 60 days after the City issues its written statement.
(A) If the City needs approval from its governing body to
provide the Contractor a written statement identifying the disputed portion and the undisputed
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portion of the Claim, and the City’s governing body does not meet within the 45 days or within the
mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified
mail, return receipt requested, the City shall have up to three (3) days following the next duly
publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires
to provide the Contractor a written statement identifying the disputed portion and the undisputed
portion.
(B) Within 30 days of receipt of a Claim, the City may
request in writing additional documentation supporting the Claim or relating to defenses or Claims
the City may have against the Contractor. If additional information is thereafter required, it shall
be requested and provided pursuant to this subdivision, upon mutual agreement of the City and
the Contractor. The City’s written response to the Claim, as further documented, shall be
submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after
receipt of the further documentation, or within a period of time no greater than that taken by the
Contractor in producing the additional information or requested documentation, whichever is
greater.
3.11.1.6 Meet and Confer. If the Contractor disputes the City’s written
response, or the City fails to respond within the time prescribed, the Contractor may so notify the
City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s
failure to respond within the time prescribed, respectively, and demand in writing an informal
conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand,
the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.11.1.7 Mediation. Within 10 business days following the conclusion of
the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the
City shall provide the Contractor a written statement identifying the portion of the Claim that
remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion
of the Claim shall be processed and made within 60 days after the City issues its written
statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be
submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs
equally. The public entity and Contractor shall mutually agree to a mediator within 10 business
days after the disputed portion of the Claim has been identified in writing, unless the parties agree
to select a mediator at a later time.
(A) If the parties cannot agree upon a mediator, each party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged
by its respective mediator in connection with the selection of the neutral mediator.
(B) For purposes of this Section, mediation includes any
nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in
which an independent third party or board assists the parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes
in this Section.
(C) Unless otherwise agreed to by the City and the
Contractor in writing, the mediation conducted pursuant to this section shall excuse any further
obligation under Section 20104.4 to mediate after litigation has been commenced.
(D) The mediation shall be held no earlier than the date the
Contractor completes the Work or the date that the Contractor last performs Work, whichever is
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earlier. All unresolved Claims shall be considered jointly in a single mediation unless a new
unrelated Claim arises after mediation is completed.
3.11.1.8 Procedures After Mediation. If following the mediation, the
Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those
provisions, the running of the period of time within which a Claim must be filed shall be tolled from
the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time
the Claim is denied, including any period of time utilized by the meet and confer conference.
3.11.1.9 Civil Actions. The following procedures are established for all
civil actions filed to resolve Claims of $375,000 or less:
(A) Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties or unless mediation was held prior to commencement
of the action in accordance with Public Contract Code section 9204 and the terms of this Contract.
The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court.
(B) If the matter remains in dispute, the case shall be
submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The
Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of
Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing
with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when
possible, be experienced in construction law, and (B) any party appealing an arbitration award
who does not obtain a more favorable judgment shall, in addition to payment of costs and fees
under that chapter, also pay the attorney’s fees on appeal of the other party.
3.11.1.10 Government Code Claim Procedures.
(A) This Section does not apply to tort claims and nothing in
this Section is intended nor shall be construed to change the time periods for filing tort claims or
actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with
Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
(B) In addition to any and all requirements of the Contract
Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract
Price, or compensation or payment for additional work, disputed Work, construction claims and/or
changed conditions, the Contractor must comply with the claim procedures set forth in
Government Code Section 900, et seq. prior to filing any lawsuit against the City.
(C) Such Government Code claims and any subsequent
lawsuit based upon the Government Code claims shall be limited to those matters that remain
unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price
for additional work, disputed Work, construction claims, and/or changed conditions have been
followed by Contractor. If Contractor does not comply with the Government Code claim procedure
or the prerequisite contractual requirements, Contractor may not file any action against the City.
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(D) A Government Code claim must be filed no earlier than
the date the Work is completed or the date the Contractor last performs Work on the Project,
whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims
known to Contractor or that should reasonably by known to Contractor excepting only new
unrelated Claims that arise after the Government Code claim is submitted.
3.11.1.11 Non-Waiver. The City’s failure to respond to a Claim from the
Contractor within the time periods described in this Section or to otherwise meet the time
requirements of this Section shall result in the Claim being deemed rejected in its entirety and
shall not constitute a waiver of any rights under this Section.
3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be
responsible for all loss and damage which may arise out of the nature of the Work agreed to
herein, or from the action of the elements, or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the Work until the same is fully completed and accepted by
City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of
the Public Contract Code, the City may terminate this Contract pursuant to the termination
provisions provided herein; provided, however, that the City needs to provide Contractor with only
one (1) day advanced written notice.
3.13 Indemnification.
3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold the City and their respective officers, agents, employees,
volunteers and representatives free and harmless from any and all claims, demands, causes of
action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the
allegations are false, fraudulent, or groundless, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors
or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Contractor’s services, the Project
or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees
and other related costs and expenses except such Claims caused by the sole or active negligence
or willful misconduct of the City. Notwithstanding the foregoing, to the extent required by Civil
Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for
death or bodily injury to persons, injury to property, or any other loss, damage or expense arising
from the sole or active negligence or willful misconduct of the City or the City’s agents, servants,
or independent contractors who are directly responsible to the City, or for defects in design
furnished by those persons.
3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel
of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered
by this section that may be brought or instituted against the City and their respective officers,
agents, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy
any judgment, award or decree that may be rendered against the City and their respective officers,
agents, employees, volunteers, and representatives as part of any such claim, suit, action, or
other proceeding. Contractor shall also reimburse the City for the cost of any settlement paid by
the City and their respective officers, agents, employees, volunteers, and representatives as part
of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment
for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the
City and their respective officers, agents, employees, volunteers, and representatives, for any
and all legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or
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termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by
the Contractor, the City and their respective officers, agents, employees, volunteers and
representatives.
3.14 Insurance.
3.14.1 Minimum Requirements. Without limiting Contractor’s indemnification
of the City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type and amounts
described below and in a form that is satisfactory to the City.
3.14.1.1 General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed
operations aggregate. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO “insured contract” language will not be accepted.
3.14.1.2 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Contract, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
3.14.1.3 Umbrella or Excess Liability Insurance. Contractor may opt to
utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury, and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability, automobile liability and employer’s liability. Such policy or policies shall include
the following terms and conditions:
(A) A drop-down feature requiring the policy to respond in
the event that any primary insurance that would otherwise have applied proves to be uncollectible
in whole or in part for any reason;
(B) Pay on behalf of wording as opposed to reimbursement;
(C) Concurrency of effective dates with primary policies;
(D) Policies shall “follow form” to the underlying primary
policies; and
(E) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
3.14.1.4 Workers’ Compensation Insurance. Contractor may maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State
of California, Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability
Insurance in accordance with the laws of the State of California, Section 3700 for all of the
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subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of the City and their respective officers, agents,
employees, volunteers, and representatives.
3.14.1.5 Pollution Liability Insurance Reserved.
3.14.1.6 Builder’s Risk Insurance. Reserved.
3.14.2 Other Provisions or Requirements
3.14.2.1 Proof of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by City’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
3.14.2.2 Duration of Coverage. Contractor shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Work hereunder by
Contractor, its agents, representatives, employees, or subcontractors. Contractor must maintain
general liability and umbrella or excess liability insurance for as long as there is a statutory
exposure to completed operations claims. The City and their respective officers, agents,
employees, volunteers, and representatives shall continue as additional insureds under such
policies.
3.14.2.3 Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary
and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
3.14.2.4 Products/Completed Operations Coverage. Products/
completed operations coverage shall extend a minimum of three (3) years after project
completion. Coverage shall be included on behalf of the insured for covered claims arising out of
the actions of independent contractors. If the insured is using subcontractors, the Policy must
include work performed “by or on behalf” of the insured. Policy shall contain no language that
would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly
excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the
insurer. The City and their respective officers, agents, employees, volunteers, and representatives
shall be included as additional insureds under the Products and Completed Operations coverage.
3.14.2.5 City’s Rights of Enforcement. In the event any policy of
insurance required under this Contract does not comply with these requirements, or is canceled
and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary,
and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold
amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel
this Contract.
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3.14.2.6 Acceptable Insurers. All insurance policies shall be issued by
an insurance company currently authorized by the Insurance Commissioner to transact business
of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger)
in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by
the City’s Risk Manager.
3.14.2.7 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the City and
their respective officers, agents, employees, volunteers, and representatives, or shall specifically
allow Contractor or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against the City and their respective officers, agents, employees, volunteers, and representatives
and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
3.14.2.8 Enforcement of Contract Provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
3.14.2.9 Requirements Not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
3.14.2.10 Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except
for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
3.14.2.11 Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability policies shall provide or be endorsed to provide that the City
and their respective officers, agents, employees, volunteers, and representatives shall be
additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners,
Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20
10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.
3.14.2.12 Prohibition of Undisclosed Coverage Limitations. None of the
coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
3.14.2.13 Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
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3.14.2.14 Pass Through Clause. Contractor agrees to ensure that its sub-
consultants, sub-contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
3.14.2.15 City’s Right to Revise Requirements. The City or its Risk
Manager reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Contractor, the City and
Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
3.14.2.16 Self-Insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self-insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply
with these specifications unless approved by City.
3.14.2.17 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from Contractor’s
performance under this Contract, and that involve or may involve coverage under any of the
required liability policies.
3.14.2.18 Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Work.
3.15 Bond Requirements.
3.15.1 Payment Bond. If required by law or otherwise specifically requested
by City in Exhibit “C” and Exhibit “F” attached hereto and incorporated herein by reference,
Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in
an amount required by the City and in a form provided or approved by the City. If such bond is
required, no payment will be made to Contractor until the bond has been received and approved
by the City.
3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” and
Exhibit “F” attached hereto and incorporated herein by reference, Contractor shall execute and
provide to City concurrently with this Contract a Performance Bond in an amount required by the
City and in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until the bond has been received and approved by the City.
3.15.3 Bond Provisions. Should, in the City’s sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
effected bond within (ten) 10 days of receiving notice from the City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Contract until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance
with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be
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increased accordingly and shall promptly deliver satisfactory evidence of such increase to the
City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.15.4 Surety Qualifications. Only bonds executed by an admitted surety
insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a
California-admitted surety insurer issuing bonds does not meet these requirements, the insurer
will be considered qualified if it is in conformance with Section 995.660 of the California Code of
Civil Procedure, and proof of such is provided to the City.
3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of
this Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the Work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Contract or in any guarantee or warranty provided
by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever
is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified
in writing by the City of any defect in the Work or non -conformance of the Work to the Contract,
commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act sooner as requested by the City in response to
an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any
portions of the Work (or work of other contractors) damaged by its defective Work or which
becomes damaged in the course of repairing or replacing defective Work. For any W ork so
corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an
additional one-year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Contract. All costs associated with such corrective actions and testing, including the removal,
replacement, and reinstitution of equipment and materials necessary to gain access, shall be the
sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and
manufacturers with respect to any portion of the Work, whether express or implied, are deemed
to be obtained by Contractor for the benefit of the City, regardless of whether or not such
warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City
shall have the right to correct and replace any defective or non-conforming Work and any work
damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
3.17 Employee/Labor Certifications.
3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor
certifies that he is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker’s Compensation or to undertake
self-insurance in accordance with the provisions of that Code and agrees to comply with such
provisions before commencing the performance of the Work. A certification form for this purpose,
which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be
executed simultaneously with this Contract.
3.17.2 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or other
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Contract No. ___________
21
interests protected by the State or Federal Constitutions. Such non-discrimination shall include,
but not be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, or termination.
3.17.3 Verification of Employment Eligibility. By executing this Contract,
Contractor verifies that it fully complies with all requirements and restrictions of state and federal
law respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subcontractors and sub-subcontractors to comply with the same.
3.18 General Provisions.
3.18.1 Authority’s Representative. The City hereby designates SHAWN MUIR,
COMMUNITY SERVICES MANAGER, or his or her designee, to act as its representative for the
performance of this Contract (“City’s Representative”). City’s Representative shall have the power
to act on behalf of the City for all purposes under this Contract except for increasing the Total
Contract Price. Contractor shall not accept direction or orders from any person other than the
City’s Representative or his or her designee.
3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall
submit in writing the name, qualifications, and experience of its proposed representative who shall
be subject to the review and approval of the City (“′Contractor’s Representative”). Following
approval by the City, Contractor’s Representative shall have full authority to represent and act on
behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall
supervise and direct the Work, using his best skill and attention, and shall be responsible for all
construction means, methods, techniques, sequences, and procedures and for the satisfactory
coordination of all portions of the Work under this Contract. Contractor’s Representative shall
devote full time to the Project and either he or his designee, who shall be acceptable to the City,
shall be present at the Work site at all times that any Work is in progress and at any time that any
employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible
supervision, acceptable to the City, shall be made for emergency Work which may be required.
Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the
information specified above and obtain the City’s written approval.
3.18.3 Termination. This Contract may be terminated by the City at any time,
either with or without cause, by giving Contractor three (3) days advance written notice. In the
event of termination by the City for any reason other than the fault of Contractor, the City shall
pay Contractor for all Work performed up to that time as provided herein. In the event of breach
of the Contract by Contractor, the City may terminate the Contract immediately without notice,
may reduce payment to Contractor in the amount necessary to offset the City’s resulting
damages, and may pursue any other available recourse against Contractor. Contractor may not
terminate this Contract except for cause. In the event this Contract is terminated in whole or in
part as provided, the City may procure, upon such terms and in such manner as it may determine
appropriate, services similar to those terminated. If this Contract is terminated as provided, the
City may require Contractor to provide all finished or unfinished documents, data, diagrams,
drawings, materials, or other matter prepared or built by Contractor in connection with its
performance of this Contract. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.18.4 Contract Interpretation. Should any question arise regarding the
meaning or import of any of the provisions of this Contract or written or oral instructions from the
City, the matter shall be referred to the City’s Representative, whose decision shall be binding
upon Contractor.
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22
3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is
applicable to California Public Contract Code Section 7103.5. In entering into this Contract to
supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all
rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section
16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of
goods, services, or materials pursuant to the Contract. This assignment shall be made and
become effective at the time the City tender final payment to Contractor, without further
acknowledgment by the Parties.
3.18.6 Notices. All notices hereunder and communications regarding
interpretation of the terms of the Contract or changes thereto shall be provided by the mailing
thereof by registered or certified mail, return receipt requested, postage prepaid and addres sed
as follows:
Contractor: PLAYCORE WISCONSIN, dba GAMETIME
544 CHESTNUT STREET
CHATTANOOGA, TN 37402
ATTN: CLINT WHITESIDE
City: CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
ATTN: SHAWN MUIR
COMMUNITY SERVICES MANAGER
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice
shall be deemed adequate notice on the date actual notice occurred, regardless of the method of
service.
3.18.7 Time of Essence. Time is of the essence in the performance of this
Contract.
3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by
action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by
Contractor herein without the prior written consent of the City. If Contractor attempts an
assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at
its option, terminate and revoke the Contract and shall thereupon be relieved from any and all
obligations to Contractor or its assignee or transferee.
3.18.9 No Third-Party Beneficiaries. There are no intended third-party
beneficiaries of any right or obligation assumed by the Parties.
3.18.10 Laws; Venue. This Contract shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Contract, the action shall be brought in a state or federal court situated in the County of Riverside,
State of California.
3.18.11 Counterparts. This Contract may be executed in counterparts, each of
which shall constitute an original.
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23
3.18.12 Successors. The Parties do for themselves, their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the provisions
contained in this Contract.
3.18.13 Solicitation. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid, nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation of
this warranty, the City shall have the right to terminate this Contract without liability.
3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid,
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation of
this warranty, the City shall have the right to rescind this Contract without liability. For the term of
this Contract, no director, official, officer or employee of the City, during the term of his or her
service with the City, shall have any direct interest in this Contract, or obtain any present or
anticipated material benefit arising therefrom.
3.18.15 Certification of License.
3.18.15.1 Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor’s license of the classification indicated below under
Contractor’s signature.
3.18.15.2 Contractors are required by law to be licensed and regulated by
the Contractors’ State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four (4) years of the
date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural
defects must be filed within ten (10) years of the date of the alleged violation. Any questions
concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.18.16 Authority to Enter Contract. Each Party warrants that the individuals
who have signed this Contract have the legal power, right and authority to make this Contract and
bind each respective Party.
3.18.17 Entire Contract; Modification. This Contract contains the entire
agreement of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings, or agreements. This Contract may only be modified by a writing
signed by both Parties.
3.18.18 Non-Waiver. None of the provisions of this Contract shall be
considered waived by either party unless such waiver is specifically specified in writing.
3.18.19 City’s Right to Employ Other Contractors. The City reserves right to
employ other contractors in connection with this Project or other projects.
[Signatures on Next Page]
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24
SIGNATURE PAGE TO SHORT FORM CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND PLAYCORE WISCONSIN, dba GAMETIME
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
PLAYCORE WISCONSIN, dba GAMETIME,
A CORPORATION
By:
Clint Whiteside
Manager of Sales Operations
(per Corporate Resolution)
By:
Clint Whiteside
Manager of Sales Operations
(per Corporate Resolution)
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
_____
Bonds
218
Contract No. ___________
Exhibit “A”
EXHIBIT “A”
SERVICES / SCHEDULE
SEE ATTACHED PROPOSAL
219
Contract No. ___________
Exhibit “C”
EXHIBIT “B”
PLANS AND SPECIFICATIONS
Installation Schedule:
Mobilize material and equipment – 1 Day
Shelter Installation
Dig footings and set cages – 1 Day
Inspection – 2-3 Days
Pour concrete – 1 Day
Build out shelter 3-4 Days
Benches and Drinking Fountains Installation – 1-2 Days
Clean Up – 1 Day
220
Contract No. ___________
Exhibit C-27
Rev 10-19
72500.00001\32375220.1
EXHIBIT “C”
SPECIAL CONDITIONS
Reserved
221
Contract No. ___________
Exhibit D-28
Rev 10-19
72500.00001\32375220.1
EXHIBIT “D”
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the
California Labor Code which require every employer to be insured against liability for Worker’s
Compensation or to undertake self-insurance in accordance with the provisions of the Code, and
I, the undersigned Contractor, agree to and will comply with such provisions before commencing
the performance of the Work on this Contract.
PLAYCORE WISCONSIN, dba GAMETIME
By:
Signature
Name (Print)
Title (Print)
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Contract No. ___________
Exhibit E
Rev 10-19
72500.00001\32375220.1
EXHIBIT “E”
FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s
policies, rules and regulations and are familiar with the requirements of Title 13, California Code
of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder
hereby certifies, subject to penalty for perjury, that the option checked below relating to the
Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s)
of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed
description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renew able diesel fuel
as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed
records describing the normal refueling methods, their attempts to procure renewable diesel
fuel and proof that shows they were not able to procure renewable diesel (i.e. third party
correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4)
because this Project has been deemed an Emergency, as defined under section 2449(c)(18).
Bidder shall only operate the exempted vehicles in the emergency situation and records of
the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed
reasoning is attached hereto.
Name of Bidder:_________________________________________________
Signature: __________________________________________________
Name: __________________________________________________
Title: __________________________________________________
Date: __________________________________________________
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Contract No. ___________
Exhibit “F”
EXHIBIT “F”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish
to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be
registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-
Works/PublicWorks.html for additional information.
No bid will be accepted, nor any contract entered into without proof of the contractor’s and
subcontractors’ current registration with the Department of Industrial Relations to perform public
work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code
sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of
Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: Yes or No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further
acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in
its contract with subcontractors and ensure that all subcontractors are registered at the
time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a
finding that the bid is non-responsive.
Name of Contractor:
Signature:
Name and Title:
Dated:
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code
Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
224
Contract No. ___________
Exhibit “G”
EXHIBIT “G”
PERFORMANCE AND PAYMENT BONDS
See attached
225
Contract No. ___________
Exhibit “H”
EXHIBIT “H”
FEDERAL REQUIREMENTS
Reserved
226
Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to GAMETIME, (hereinafter referred to as the “Contractor”) an agreement for CIVIC CENTER
DOG PARK IMPROVEMENTS PROJECT (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated May 1, 2024, (hereinafter referred to as “Contract
Documents”), the terms and conditions of which are expressly incorporated herein by reference;
and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, GAMETIME, the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of ONE HUNDRED FIFTY-SEVEN THOUSAND, FOUR
HUNDRED NINTEY DOLLARS ($157,490), said sum being not less than one hundred percent
(100%) of the total amount of the Contract, for which amount well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
227
Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
228
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ________________________
Title_______________________________
(Corporate Seal) Surety
By_________________________________
Title_______________________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
229
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfuln ess, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ________________________ , 20___, before me, _______________________________, Notary Public,
personally appeared ________________________ , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/t heir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ____________________ , 20___, before me, _______________________________, Notary Public,
personally appeared _________________________ , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
231
Contract No. ___________
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken
or a resolution passed May 1, 2024, has awarded to GAMETIME, hereinafter designated as the
“Principal,” a contract for the work described as follows:
CIVIC CENTER DOG PARK IMPROVEMENTS PROJECT
(the “Project”).; and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated May 1, 2024, (“Contract Documents”), the terms and
conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of ONE HUNDRED FIFTY-SEVEN
THOUSAND, FOUR HUNDRED NINTEY DOLLARS ($157,490) lawful money of the United
States of America, for the payment of which sum well and truly to be made , we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
232
Contract No. ___________
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
233
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ________________________
Title_______________________________
(Corporate Seal) Surety
By
__________________________________
Title_______________________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
234
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ____________________ , 20___, before me, _______________________________, Notary Public,
personally appeared _________________________ , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
235
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ____________________ , 20___, before me, _______________________________, Notary Public,
personally appeared _________________________ , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
236
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Ryland Penta, Community Relations Supervisor
REQUEST: APPROVE CIVIC ENGAGEMENT COMMITTEE 2024-2025 WORK PLAN
RECOMMENDATION:
Approve the Civic Engagement Committee’s 2024/2025 Work Plan.
BACKGROUND/ANALYSIS:
The Civic Engagement Committee convenes quarterly to discuss and promote civic education
and engagement to help residents better understand local government, foster a positive sense
of community, and prepare the next generation of local government leaders.
At the January 18 meeting, staff presented a recommended work plan, identifying three projects
for the committee's consideration. Members were invited to propose additional projects either
during the item’s discussion period or by email prior to the April 18 meeting.
No further proposals were submitted by committee members during discussion or subsequently
by email. At the April 18 meeting, the committee unanimously approved the 2024/2025 work
plan.
Project Description Cost Time/Process
Identify a
comprehensive method
for reviewing Civic
Academy applications.
Determine a fair and
comprehensive method
for selecting Civic
Academy participants
in the event we have
more applicants than
places available (25
spaces).
No cost
other than
staff time to
review
applications.
Completed at the January 18,
2024, committee meeting. The
Civic Engagement Committee
recommended that priority be
given to residents and students
attending Palm Desert institutions,
followed by business owners and
then non-residents who are
interested in participating in the
program.
Evaluate a Palm
Desert speaker series
program that features
organizations in our
community
Create a six-part
lecture series to
demonstrate the City’s
vast partnerships with
other public agencies
and their scope of work
compared to the City’s.
No cost
other than
staff time to
create
programs
and
coordinate
with
interested
parties.
The Civic Engagement Committee
discussed this topic at the April 18
meeting and proposed several
organizations and general themes
staff can follow. This program is
looking to launch in late 2024.
237
City of Palm Desert
Civic Engagement Committee 2024/2025 Work Plan
Page 2 of 2
Identify Palm Desert
and regional
organizations to
enhance outreach and
engagement.
In an effort to expand
outreach efforts, the
committee looks to
identify Palm Desert
and regional
organizations that staff
can partner with to
enhance civic
engagement
opportunities.
No cost
other than
staff time to
create
programs
and
coordinate
with
interested
parties.
This will be an ongoing effort by
the committee. However, there will
be particular consideration on this
topic at the July 18, 2024, meeting
so that staff can best plan new
community engagement programs
during high season, October
2024-April 2025.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no cost associated with adopting the work plan.
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Page 1 of 1
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: ADOPT HOUSING AUTHORITY RESOLUTION ESTABLISHING DATES
FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING
COMMISSION DURING FISCAL YEAR 2024-2025
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY,
SETTING THE SCHEDULE FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING
COMMISSION IN FISCAL YEAR 2024/2025.”
BACKGROUND/ANALYSIS:
On June 9, 2022, the Board of the Palm Desert Housing Authority (the “Authority ) adopted
Resolution No. HA-107 amending and restating the Bylaws of the Palm Desert Housing
Commission (“Commission”) and identifies the regular meetings to be held on the second
Wednesday each month. On an annual basis, the Commission has adopted the schedule, via
Resolution, of its regular meeting for the fiscal year. The adoption of this resolution would
memorialize the acceptance by the Housing Commission and provide the public advance notice
of the meeting schedule for fiscal year 2024/2025.
While adoption of this resolution sets the regular meeting schedule, it is also understood that if
Authority business needs to be conducted, the Authority Board retains authority to convene or
suspend a meeting on any date that is not listed herein.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
The Housing Commission will review this recommendation at its regular meeting of May 8, 2024.
Upon request, a verbal report will be provided at the Authority’s regular meeting of May 23, 2024.
FINANCIAL IMPACT:
There is no direct fiscal impact with this request.
ATTACHMENT:
1. HA-Resolution to Establish FY 2024/2025 Regular Housing Commission Meetings Schedule
239
240
HA RESOLUTION NO. 2024-____
A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY,
SETTING THE SCHEDULE FOR REGULAR MEETINGS OF THE PALM
DESERT HOUSING COMMISSION IN FISCAL YEAR 2024/2025
WHEREAS, the Palm Desert Housing Authority (the “Authority”) has established
the time, place, and conduct for the Palm Desert Housing Commission (the
“Commission”) regular meetings on the second Wednesday each month, pursuant to the
Palm Desert Housing Commission Bylaws adopted by Resolution HA-107; and
WHEREAS, it has been acknowledged that the Commission wishes to adopt a set
annual schedule of regular meetings; and
WHEREAS, the schedule will primarily follow the recognized routine of meetings
on the second Wednesday of each month, with some limited exceptions to account for
holidays and events where the Commission or the Authority Board members would be
absent from the regular scheduled meeting, resulting in less than the full Commission or
Authority Board members or the complete lack of a quorum on certain dates.
NOW, THEREFORE, BE IT RESOLVED by the Palm Desert Authority Board, as
follows:
SECTION 1. Commission regular meetings will be held generally on the second
Wednesday of each month, pursuant to the Palm Desert Housing Commission Bylaws,
as amended from time to time, in the Administrative Services Conference Room located
at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, with
some limited exceptions, with all regular meetings in fiscal year 2024/2025 to be held as
specified herein on the attached Exhibit “A”.
SECTION 2. Each regular meeting will be convened at 3:30 p.m. to consider the
items listed as such on the posted agenda for the regular meeting on that date.
SECTION 3. The Housing Commission Chair is given authority to take up items
on the agenda in an order deemed most appropriate in consideration of public interest
and/or time constraints.
ADOPTED ON ________________, 2024.
KARINA QUINTANILLA
CHAIRMAN
ATTEST:
ANTHONY J. MEJIA
SECRETARY
241
HA Resolution No. 2024-____ Page 2
I, Anthony J. Mejia, Secretary of the Palm Desert Housing Authority, hereby certify
that HA Resolution No. 2024-_______ is a full, true, and correct copy, and was duly
adopted at a regular meeting of the Palm Desert Housing Authority Board on May 23,
2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
Palm Desert Housing Authority Board on ___________________.
ANTHONY J. MEJIA
SECRETARY
242
HA Resolution No. 2024-____ Page 3
EXHIBIT A
FISCAL YEAR 2024-2025 PALM DESERT HOUSING COMMISSION REGULAR MEETINGS
MONTH
July
DAY
10
YEAR
2024
August 14 2024 Canceled- Summer Recess
September 11 2024
October 9 2024
November 13 2024
December 11 2024
January 8 2025
February 12 2025
March 12 2025
April 9 2025
May 14 2025
June 11 2025
243
244
Page 1 of 2
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: AUTHORIZE AN AGREEMENT WITH GARLAND/DBS, INC., FOR ROOF
REPAIRS AND RELATED SERVICES AS PART OF THEIR “DRY ZONE”
PROGRAM BASED ON THE NATIONAL COOPERATIVE AGREEMENT
WITH OMNIA PARTNERS, INC.
RECOMMENDATION:
1. Authorize the use of Garland/DBS, Inc., for roof repairs and related services as part of their
“Dry Zone” program pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for
Fiscal Year 2024/25 in an annual amount not to exceed $75,000 per fiscal year. Each
occurrence shall not exceed $3,500 per occurrence without written approval of the Authority’s
Representative or designee.
2. Approve the agreement with Garland/DBS for a term of three (3) years under the Omnia
Partners, Inc., national cooperative agreement R230401 with an option to renew the contract
annually for no more than two (2) additional one-year terms.
3. Authorize the Executive Director, or his designee, to take any necessary actions to facilitate
execution of agreement with Garland/DBS, Inc., and execute any documents necessary to
effectuate the actions taken herewith.
BACKGROUND/ANALYSIS:
Palm Desert Housing Authority (“Authority”) requires repairs and related services to the roofs at
the 15 properties managed by the Authority. Garland/DBS, Inc. has successfully obtained Omia
Partners, Inc. (“Omnia”) national cooperative agreement R230401 for roofing supplies and
services, waterproofing, and related products and services. Palm Desert Municipal Code Section
3.30.160(E) allows participation in cooperative pricing when a competitive bid has already been
completed.
Since 2012, the Authority has secured national government cooperative pricing as members of
the national cooperative Omnia Partners, Inc. As the successful bidder, Garland/DBS, Inc. has
confirmed the national cooperative contract pricing, and its terms will be extended to the
Authority.
Legal Review:
This report has been reviewed by the City Attorney’s office.
245
Palm Desert Housing Authority
Authorize the Use of and Approval of Agreement with Garland, Inc. for On Call Roof Repairs
Page 2 of 2
Appointed Body Recommendation:
The Housing Commission will review this recommendation at its regular meeting on
May 8, 2024. Upon request, a verbal report will be provided at the Authority’s regular meeting
on May 23, 2024.
FINANCIAL IMPACT:
Funds have been included in Housing Authority FY 2024/25 proposed budget in the appropriate
Authority accounts for each of the properties. There is no financial impact to the General Fund
from this action.
ATTACHMENTS:
1. OMNIA Partners Participation Letter- Garland/DBS, Inc.
2. Maintenance Service Agreement
246
5001 Aspen Grove,
Franklin, TN 37067
February 1st, 2024
To Whom It May Concern:
Palm Desert Housing Authority submitted a participation form and was accepted as a member of OMNIA
Partners on September 26th, 2012.
The OMNIA Partners Participation Number assigned to the Palm Desert Housing Authority is: 4001732.
Palm Desert Housing Authority is currently participating in OMNIA Partners Contracts with
Lowes Home Centers, Inc., Home Depot U.S.A., Inc., HD Supply Facilities Maintenance, Sherwin -
Williams, The Garland Company, Inc., Waxie Sanitary Supply, Quill Corporation.
Palm Desert Housing Authority has requested access to utilize The Garland Company, Inc. contract
number R230401 Garland Roofing Supplies and Services, Waterproofing, and Related Products and
Services. Palm Desert Housing Authority has been granted access to utilize The Garland Company, Inc
Contract R230401, pending their board approval.
Your dedicated Member Development Manager is Caitlin Nee.
Caitlin may be reached at 615-639-1651, or at caitlin.nee@omniapartners.com.
Thank you for your participation with OMNIA Partners.
Sincerely,
Bishop Theroff
Manager, Member Services
247
248
- 1 -
CONTRACT NO. _____________
PALM DESERT HOUSING AUTHORITY
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 23rd day of May, 2024 by and between the
Palm Desert Housing Authority a political subdivision organized under the laws of the State of
California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, CA 92260
(the “Authority”), and Garland/DBS, Inc., a Delaware corporation with its principal place of
business at 3800 East 91st Street, Cleveland, OH 44105 (“Contractor”). The Authority and
Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this
Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the Authority on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing maintenance services to
public clients, that it and its subcontractors have all necessary licenses and permits to perform
the services in the State of California, and that it is familiar with the plans of the Authority.
Contractor shall not subcontract any portion of the work required by this Agreement, except as
expressly stated herein, without prior written approval of the Authority. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
The Authority desires to engage Contractor to render such services for the On-Call Roof
Repair and Related Services project (“Project”) as set forth in this Agreement.
2.3 Cooperative Procurement.
This Agreement is entered into pursuant to City of Palm Desert Municipal Code section
3.30.160 (E), which authorizes participation with other governmental agencies who have, through
a bidding process, determined to award or purchase goods and/or services from Contractor.
2.3.1 Program. The purchase has been made through O MNIA Partners, a
program for the procurement of goods and services for governmental agencies. Documents
related to the procurement of this Agreement shall be made available to the Authority upon
request.
2.3.2 Piggyback Contract. Garland/DBS, Inc., entered into a contract with
Region 4 Education Service Center dated November 1, 2023 for ROOFING PRODUCTS,
SERVICES, AND JOB-ORDER-CONTRACTING SERVICES (the “Piggyback Contract”),
pursuant to a competitive procurement process consistent with the laws of California. Contractor
is SUPPLIER AND INSTALLER OF ROOFING MATERIALS under the Piggyback Contract.
Contractor shall provide goods and services under this Agreement at the same prices and terms
as established in the Piggyback Contract. Contractor represents and warrants that it is not
249
Contract No. __________________
- 2 -
currently providing the same or similar goods or services for lower prices than those established
in the Piggyback Contract.
2.3.3 Terms and Conditions. The terms and conditions set forth herein in this
Agreement shall supersede and take precedence over any terms and conditions contained in the
Piggyback Contract. Contractor shall not be entitled to any notice or any limitation of damages
set forth in the Piggyback Contract except as expressly set forth herein or required by law.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the Authority all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the maintenance services necessary for the Project
(“Services”). The Services shall be described in the Scope of Services attached hereto as Exhibit
“A.” attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2024 to June 30,
2027, unless earlier terminated as provided herein. The Authority shall have the unilateral option,
at its sole discretion, to renew this Agreement automatically for no more than two (2) additional
one-year terms. Contractor shall complete the Services within the term of this Agreement and
shall meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. The Authority retains Contractor on an independent contractor basis and not as an
employee. Any personnel performing the Services under this Agreement on behalf of Contractor
shall not be employees of the Authority and shall at all times be under Contractor’s exclusive
direction and control. Contractor shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and as required
by law. Contractor shall be responsible for all reports and obligations respecting such additional
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt
and timely manner. Contractor represents that it has the professional and technical personnel
required to perform the Services in conformance with such conditions. Upon request of the
Authority, Contractor shall provide a more detailed schedule of anticipated performance to meet
the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of the Authority.
3.2.4 Authority’s Representative. The Authority hereby designates Jessica
Gonzales, Housing Manager, or her designee, to act as its representative for the performance of
this Agreement (“Authority’s Representative”). Authority’s Representative shall have the power
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Contract No. __________________
- 3 -
to act on behalf of the Authority for all purposes under this Agreement except for increasing
compensation. Contractor shall not accept direction or orders from any person other than the
Authority’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Jason
Busanovitch, or his designee, to act as its representative for the performance of this Agreement
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s
Representative shall supervise and direct the Services, using his best skill and attention, and shall
be responsible for all means, methods, techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with the
Authority’s staff in the performance of Services and shall be available to the Authority’s staff,
consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the Authority, any services necessary to correct errors or omissions
which are caused by the Contractor’s failure to comply with the standard of care provided for
herein. Any employee of the Contractor or its sub-contractors who is determined by the Authority
to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a
threat to the safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the Authority, shall be promptly removed from the Project by
the Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Contractor agrees that if the Services are not completed within the aforementioned Performance
Time and/or pursuant to any such completion schedule or Project milestones developed pursuant
to provisions of this Agreement, it is understood, acknowledged and agreed that the Authority will
suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the Authority. If
Contractor disputes the Authority’s decision, Contractor shall have such remedies as may be
provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
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Contract No. __________________
- 4 -
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement.
All violations of such laws and regulations shall be grounds for the Authority to terminate the
Agreement for cause. The Authority is a public entity of the State of California subject to certain
provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor
Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public
contracts of a municipality are a part of this Agreement to the same extent as though set forth
herein and will be complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that
it fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a
violation of any such law within the five (5) years immediately preceding the date of execution of
this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.3 Equal Opportunity Employment. Contractor represents that
it is an equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Contractor shall comply with all relevant provisions of the
Authority’s Minority Business Enterprise program, Affirmative Action Plan or other related
programs or guidelines currently in effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable
laws, rules and regulations in furnishing or using equipment and/or providing services, including,
but not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify the
Authority against any fines or penalties imposed by CARB or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent
applicable, Contractor’s Services must account for, and fully comply with, all local, state and
federal laws, rules and regulations that may impact water quality compliance, including, without
limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300);
the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
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Contract No. __________________
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regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State. Failure to comply with the laws, regulations and policies described in
this Section is a violation of law that may subject Contractor to penalties, fines, or additional
regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of the Authority, and prior to commencement of the Services, Contractor shall
obtain, provide and maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form that is satisfactory to the
Authority.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop down feature requiring the policy to
respond if any primary insurance that would otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
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(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Contractor shall submit to the Authority, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of the Authority, the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives.
If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for
an additional period of three (3) years following termination of the Agreement.
(G) Pollution Liability Insurance (if applicable). N/A
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to the Authority as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers’ compensation. Insurance certificates and
endorsements must be approved by City’s Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with the Authority at all times during the term
of this contract. The Authority reserves the right to require complete, certified copies of all required
insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by Contractor, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Contractor shall be primary and any insurance or self-insurance procured or maintained by the
Authority shall not be required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall also apply
on a primary and non-contributory basis for the benefit of the Authority before the Authority’s own
insurance or self-insurance shall be called upon to protect it as a named insured.
(D) Authority’s Rights of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, the Authority has the right, but not the duty, to obtain the insurance it
deems necessary and any premium paid by the Authority will be promptly reimbursed by
Contractor, or the Authority will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, the Authority may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the City’s Risk Manager.
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(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the
Authority, the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers and representatives, or shall specifically allow Contractor or others
providing insurance evidence in compliance with these specifications to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery against the Authority,
the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers and representatives, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
(G) Enforcement of Contract Provisions (non estoppel).
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Authority
to inform Contractor of non-compliance with any requirement imposes no additional obligations
on the Authority nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher limits than the
minimums shown above, the Authority requires and shall be entitled to coverage for the higher
limits maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the Authority.
(I) Notice of Cancellation. Contractor agrees to oblige its
insurance agent or broker and insurers to provide the Authority with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the Authority, the City, its elected or appointed officers, and their respective agents,
officials, employees, volunteers and representatives, shall be additional insureds under such
policies. This provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to the Authority and approved
of in writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its
sub-consultants, sub-contractors, and any other party involved with the Project who is brought
onto or involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
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requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the Project will be submitted to the Authority
for review.
(N) Authority’s Right to Revise Specifications. The Authority or
its Risk Manager reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Contractor ninety (90) days advance
written notice of such change. If such change results in cost to the Contractor, the Authority and
Contractor may renegotiate Contractor’s compensation. If the Authority reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by the Authority. The Authority reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by the Authority.
(P) Timely Notice of Claims. Contractor shall give the Authority
prompt and timely notice of claims made or suits instituted that arise out of or result from
Contractor’s performance under this Agreement, and that involve or may involve coverage under
any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Payment Bond. If required by law or otherwise specifically
requested by the Authority in Exhibit “C” attached hereto and incorporated herein by reference,
Contractor shall execute and provide to the Authority concurrently with this Agreement a Payment
Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in
a form provided or approved by the Authority. If such bond is required, no payment will be made
to Contractor until it has been received and approved by the Authority.
3.2.13.2 Bond Provisions. Should, in the Authority’s sole opinion,
any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew
or replace the affected bond within ten (10) days of receiving notice from the Authority. In the
event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30)
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days prior written notice shall be given to the Authority, and Contractor shall post acceptable
replacement bonds at least ten (10) days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Agreement until any replacement bonds
required by this Section are accepted by the Authority. To the extent, if any, that the total
compensation is increased in accordance with the Agreement, the Contractor shall, upon request
of the Authority, cause the amount of the bonds to be increased accordingly and shall promptly
deliver satisfactory evidence of such increase to the Authority. To the extent available, the bonds
shall further provide that no change or alteration of the Agreement (including, without limitation,
an increase in the total compensation, as referred to above), extensions of time, or modifications
of the time, terms, or conditions of payment to the Contractor, will release the surety. If the
Contractor fails to furnish any required bond, the Authority may terminate this Agreement for
cause.
3.2.13.3 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII
and satisfactory to the Authority. If a California-admitted surety insurer issuing bonds does not
meet these requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
Authority.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of the Authority during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where
Services are to be performed and shall become acquainted with all conditions affecting the
Services prior to commencing the Services. Contractor shall make such examinations as it deems
necessary to determine the condition of the work sites, its accessibility to materials, workmen and
equipment, and to determine Contractor’s ability to protect existing surface and subsurface
improvements. No claim for allowances–time or money–will be allowed as to such matters after
commencement of the Services. Unless expressly stated otherwise in the Special Conditions or
Specifications, Contractor acknowledges that Work sites are occupied residential communities
and that Work shall be completed in a manner that ensures minimal resident impact.
3.2.15.2 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract, including any plans,
specifications, or scope of work before commencing Services. Errors, inconsistencies or
omissions discovered shall be reported to the Authority immediately and prior to performing any
Services or altering the condition.
3.2.15.3 Removal of Waste and Debris. Contractor shall remove at
its own expense all rubbish and waste materials resulting from its operations, including any
material that may fall in swimming pools, lagoons, or other water features. If on private property,
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Contractor must obtain permission from the property owner prior to removing debris. All debris
must be removed before the end of the day unless otherwise directed by Authority or Authority’s
agent.
3.2.15.4 Notifications to Authority and Residents. The Contractor
shall acknowledge that the Authority provides forty-eight (48) hours’ notice in advance of the start
of any Work that is to occur at any residential unit. Contractor shall provide sufficient notice to
the Authority before beginning any such Work so that the Authority may provide timely notice to
residents.
3.2.15.5 Paths of Travel. Pedestrian paths of travel must be
maintained free of obstructions and hazardous conditions, except where the condition is
necessary for completion of the Work. To the extent any portion of the Work requires obstructing
pedestrian paths of travel, the Work shall be performed so as to minimize the extent of the
obstruction. Where Contractor’s operations may create hazardous conditions to pedestrian paths
of travel, appropriate signing and barricades shall be installed to safely route pedestrians around
the impacted area. The Authority shall be given at least 48-hours’ notice prior to the creation of
any condition affecting pedestrian paths of travel.
3.2.15.6 Water Quality Management and Compliance. Contractor
shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance
with all local, state, and federal laws, rules and regulations that may impact, or be implicated by
the performance of the Work including, without limitation, all applicable provisions of the local
ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33
U.S.C. § 1251 et seq.);the California Porter-Cologne Water Quality Control Act (Water Code§
13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such
authority. Contractor shall additionally comply with the lawful requirements of any local agency
with jurisdiction over the location where the Work is to be conducted, regarding discharges of
storm water to separate storm drain systems or other watercourses, including applicable
requirements in municipal storm water management programs.
3.2.15.7 Hazardous Materials and Differing Conditions. Should
Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other
toxic wastes, hazardous substances and hazardous materials as defined in California state or
federal law at the site which have not been rendered harmless, the Contractor shall immediately
stop work at the affected area and shall report the condition to the Authority in writing. The
Authority shall contract for any services required to directly remove and/or abate PCBs,
hazardous substances, other toxic wastes and hazardous materials, and shall not require the
Contractor to subcontract for such services. The Services in the affected area shall not thereafter
be resumed except by written agreement of the Authority and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and
damage which may arise out of the nature of the Services agreed to herein, or from the action of
the elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by the Authority.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which
for purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period
of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
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warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the Authority of any defect in the Services or
non-conformance of the Services to the Agreement, commence and prosecute with due diligence
all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor
shall act sooner as requested by the Authority in response to an emergency. In addition,
Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work
of other contractors) damaged by its defective Services or which becomes damaged in the course
of repairing or replacing defective work. For any work so corrected, Contractor’s obligation
hereunder to correct defective work shall be reinstated for an additional one (1) year period,
commencing with the date of acceptance of such corrected work. Contractor shall perform such
tests as the Authority may require to verify that any corrective actions, including, without limitation,
redesign, repairs, and replacements comply with the requirements of the Agreement. All costs
associated with such corrective actions and testing, including the removal, replacement, and
reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility
of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers
with respect to any portion of the work, whether express or implied, are deemed to be obtained
by Contractor for the benefit of the Authority, regardless of whether or not such warranties and
guarantees have been transferred or assigned to the Authority by separate agreement and
Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
Authority. In the event that Contractor fails to perform its obligations under this Section, or under
any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the
Authority, the Authority shall have the right to correct and replace any defective or non-conforming
work and any work damaged by such work or the replacement or correction thereof at Contractor's
sole expense. Contractor shall be obligated to fully reimburse the Authority for any expenses
incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “B,” attached hereto and incorporated herein by reference. The maximum compensation
for Services to be provided pursuant to each occurrence shall not exceed Three Thousand
Five Hundred Dollars and Zero Cents ($3,500.00) without the written approval of the Authority’s
Representative or his or her designee. The total aggregate compensation paid to Contractor
under this Agreement shall not exceed Seventy-Five Thousand Dollars and Zero Cents
($75,000.00) per fiscal year.
3.3.2 Payment of Compensation. Contractor shall submit to the Authority
monthly invoices which provides a detailed description of the Services and hours rendered by
Contractor. The Authority shall, within thirty (30) days of receiving such statement, review the
statement and pay all non-disputed and approved charges. Contractor shall submit its final
invoice to the Authority within thirty (30) days from the last date of provided Services or termination
of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver
of its right to final payment. Payment shall not constitute acceptance of any Services completed
by Contractor. The making of final payment shall not constitute a waiver of any claims by the
Authority for any reason whatsoever.
3.3.3 Deductions. The Authority may deduct or withhold, as applicable, from
each progress payment an amount necessary to protect the Authority from loss because of: (1)
stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by
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Contractor; (3) sums representing expenses, losses, or damages as determined by the Authority,
incurred by the Authority for which Contractor is liable under the Agreement; and (4) any other
sums which the Authority is entitled to recover from Contractor under the terms of the Agreement
or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the
Authority to deduct any of these sums from a progress payment shall not constitute a waiver of
the Authority's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by the Authority.
3.3.5 Extra Work. At any time during the term of this Agreement, the Authority
may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work
which is determined by the Authority to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from the Authority’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Authority
shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Contractor’s principal
place of business and at the Project site. Contractor shall defend, indemnify and hold the
Authority, the City, its elected or appointed officers, and their respective agents, officials,
employees, volunteers and representatives free and harmless from any claim or liability arising
out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Contractor and all subcontractors to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, and if the total compensation is $1,000
or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any
subcontractor that affect Contractor’s performance of Services, including any delay, shall be
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Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the Authority.
Contractor shall defend, indemnify and hold the Authority, the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives free
and harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. The Authority may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Contractor
shall be compensated only for those Services which have been adequately rendered to the
Authority, and Contractor shall be entitled to no further compensation. Contr actor may not
terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
the Authority may require Contractor to provide all finished or unfinished information of any kind
prepared by Contractor in connection with the performance of Services under this Agreement.
Contractor shall be required to provide such document and other information within fifteen (15)
days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, the Authority may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
Garland/DBS, Inc.
3800 East 91st Street
Cleveland, Ohio 44105
ATTN: Jason Busanovitch
Authority:
Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Jessica Gonzales, Housing Division
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
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3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the Authority, the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives free
and harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any
kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless,
to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out
of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor,
its officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Services, the Project or this Agreement, including without limitation the
payment of all expert witness fees, attorneys’ fees and other related costs and expenses except
such Claims caused by the sole or active negligence or willful misconduct of the Authority.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend,
with counsel of the Authority’s choosing and at Contractor’s own cost, expense and risk, any and
all Claims covered by this section that may be brought or instituted against the Authority, the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that
may be rendered against the Authority, the City, its elected or appointed officers, and their
respective agents, officials, employees, volunteers and representatives as part of any such claim,
suit, action or other proceeding. Contractor shall also reimburse the Authority for the cost of any
settlement paid by the Authority, the City, its elected or appointed officers, and their respective
agents, officials, employees, volunteers and representatives as part of any such claim, suit, action
or other proceeding. Such reimbursement shall include payment for the Authority’s attorney’s
fees and costs, including expert witness fees. Contractor shall reimburse the Authority, the City,
its elected or appointed officers, and their respective agents, officials, employees, volunteers and
representatives, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall
survive expiration or termination of this Agreement, and shall not be restricted to insurance
proceeds, if any, received by the Contractor, the Authority, the City, its elected or appointed
officers, and their respective agents, officials, employees, volunteers and representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all Agreement requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the Authority. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the
Authority.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
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3.5.5 Authority’s Right to Employ Other Contractors. The Authority reserves right
to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the Authority. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Contractor include all personnel, employees, agents, and subcontractors
of Contractor, except as otherwise specified in this Agreement. All references to the Authority
include the City, its elected or appointed officers, and their respective agents, officials, employees,
volunteers and representatives except as otherwise specified in this Agreement. The captions of
the various articles and paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, the Authority shall have the right to rescind this Agreement without liability. For
the term of this Agreement, no member, officer or employee of the Authority, during the term of
his or her service with the Authority, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
263
Contract No. __________________
- 16 -
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.18 Federal Provisions. N/A
[SIGNATURES ON NEXT PAGE]
264
Contract No. __________________
-16-
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE PALM DESERT HOUSING AUTHORITY
AND GARLAND/DBS, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
PALM DESERT HOUSING AUTHORITY
By:
L. TODD HILEMAN
Executive Director
ATTEST:
By:
ANTHONY J. MEJIA
Secretary
APPROVED AS TO FORM:
By:
Isra Shah
Best Best & Krieger LLP
Special Legal Counsel
Garland/DBS INC.
By:
Its: __________________________________
Printed Name: _________________________
By:
Its: __________________________________
Printed Name: _________________________
______________________________________
Contractor’s License Number and
Classification
______________________________________
DIR Registration Number (if applicable)
QC: ___________________________
Insurance: __________ __________
Initial Review Final Approval
Bonds: _________________________
265
Contract No. __________________
Exhibit “A”
SCOPE OF SERVICES
266
Contract No. __________________
267
Contract No. __________________
268
Contract No. __________________
269
Contract No. __________________
EXHIBIT “B”
COMPENSATION
270
Contract No. __________________
271
Contract No. __________________
Exhibit C - 1
EXHIBIT “C”
BONDS
272
Contract No. __________________
Exhibit C-2
(BB&K 2019)
72500.00001\32374943.1
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the Palm Desert Housing Authority (hereinafter designated as the
“Authority”), by action taken or a resolution passed ___________, 20____has awarded to
________________ hereinafter designated as the “Principal,” a contract for the work described
as follows:
On-Call Roof Repair and Related Services (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated July 1, 2024 (“Contract Documents”), the terms and
conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the Authority in the penal sum of Seventy Five Thousand and
00/100 Dollars ($75,000.00) lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by the Authority
in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
273
Contract No. __________________
Exhibit C-3
(BB&K 2019)
72500.00001\32374943.1
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or the Authority
and original contractor or on the part of any obligee named in such bond, but the sole conditions
of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and
has not been paid the full amount of his claim and that Surety does hereby waive notice of any
such change, extension of time, addition, alteration or modification herein mentioned and the
provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
274
Contract No. __________________
Exhibit C-4
(BB&K 2019)
72500.00001\32374943.1
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
275
Contract No. __________________
Exhibit C-5
(BB&K 2019)
72500.00001\32374943.1
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
276
Contract No. __________________
Exhibit C-6
(BB&K 2019)
72500.00001\32374943.1
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-
Attorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/t heir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
277
278
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Erika Castellano – Assistant to the City Council
REQUEST: ACCEPTANCE OF A RESIGNATION FROM THE RESOURCE
PRESERVATION AND ENHANCEMENT COMMITTEE
RECOMMENDATION:
With regret, accept the resignation of Melinda Mason from the Resource Preservation and
Enhancement Committee.
BACKGROUND/ANALYSIS:
On July 1, 2021, Melinda Mason was reappointed to the Resource Preservation and
Enhancement Committee with a term ending on June 30, 2025. On May 13, 2024, Ms. Mason
informed the City she will no longer be a Palm Desert resident, resulting in a vacated seat.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
279
280
Page 1 of 2
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: AUTHORIZE THE USE OF QUILL, LLC., AND NATIONAL SERVICES
COMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF
OFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM
DESERT HOUSING AUTHORITY FOR FISCAL YEAR 2024/25
RECOMMENDATION:
1. Authorize the use of Quill, LLC, for the reoccurring purchase of office supplies for the
management of the Housing Authority properties, by property management, pursuant to
Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not to exceed $5 8,600
or Fiscal Year 2024/25.
2. Authorize the use of National Services Company dba Waxie Sanitary Supply for the
reoccurring purchase of janitorial and sanitary supplies for the Housing Authority properties,
by property management, pursuant to Section 3.30.160 (E) of the Palm Desert Municipal
Code in an amount not to exceed $36,100 for Fiscal Year 2024/25.
BACKGROUND/ANALYSIS:
Palm Desert Housing Authority (“Authority”) property managers conduct purchases of office
supplies, janitorial, and sanitary supplies for the management of its 15 properties to include items
such as paper, ink, writing material, cleaning, sanitary supplies, etc. Palm Desert Municipal Code
Section 3.30.160(E) allows participation in cooperatives when a competitive bid has already
been completed.
Since 2012, the Authority has secured national government cooperative pricing as members of
the national cooperative Omnia Partners, Inc. (“Omnia”). Quill, LLC, and National Services
Company dba Waxie Sanitary Supply are successful national contract holders and have
confirmed to extend the national cooperative contract pricing and terms to the Authority.
Requested amounts for each of the vendors are based on the average change over the previous
three years’ actual expenditures plus a 7% increase.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
The Housing Commission will review this recommendation at its regular meeting on
May 8, 2024. Upon request, a verbal report will be provided at the Authority’s regular meeting
on May 23, 2024.
281
Palm Desert Housing Authority
Authorize the Use of Quill and Waxie for PDHA FYE 2025
Page 2 of 2
FINANCIAL IMPACT:
Funds have been included in Housing Authority FY 2024/25 proposed budget in the appropriate
Authority accounts for each of the properties. There is no fiscal impact to the General Fund from
this action.
ATTACHMENTS:
1. Omnia Partners Participation Letter- Quill, LLC
2. Omnia Partners Participation Letter- National Services Company dba Waxie Sanitary Supply
282
5001 Aspen Grove,
Franklin, TN 37067
February 1st, 2024
To Whom It May Concern:
Palm Desert Housing Authority submitted a participation form and was accepted as a member of OMNIA
Partners on September 26th, 2012.
The OMNIA Partners Participation Number assigned to the Palm Desert Housing Authority is: 4001732.
Palm Desert Housing Authority is currently participating in OMNIA Partners Contracts with
Lowes Home Centers, Inc., Home Depot U.S.A., Inc., HD Supply Facilities Maintenance, Sherwin -
Williams, The Garland Company, Inc., Waxie Sanitary Supply, Quill Corporation.
Palm Desert Housing Authority has requested access to utilize the Quill Corporation contract number
R230304 Quill Office Supplies, Related Products and Services. Palm Desert Housing Authority has been
granted access to utilize the Quill Corporation Contract R230304, pending their board approval.
Your dedicated Member Development Manager is Caitlin Nee.
Caitlin may be reached at 615-639-1651, or at caitlin.nee@omniapartners.com.
Thank you for your participation with OMNIA Partners.
Sincerely,
Bishop Theroff
Manager, Member Services
283
284
5001 Aspen Grove,
Franklin, TN 37067
February 1st, 2024
To Whom It May Concern:
Palm Desert Housing Authority submitted a participation form and was accepted as a member of OMNIA
Partners on September 26th, 2012.
The OMNIA Partners Participation Number assigned to the Palm Desert Housing Authority is: 4001732.
Palm Desert Housing Authority is currently participating in OMNIA Partners Contracts with
Lowes Home Centers, Inc., Home Depot U.S.A., Inc., HD Supply Facilities Maintenance, Sherwin -
Williams, The Garland Company, Inc., Waxie Sanitary Supply, Quill Corporation.
Palm Desert Housing Authority has requested access to utilize the Network/Waxie contract number
2020002301 Network/Waxie Janitorial Supplies & Equipment. Palm Desert Housing Authority has been
granted access to utilize the Network/Waxie Contract 2020002301, pending their board approval.
Your dedicated Member Development Manager is Caitlin Nee.
Caitlin may be reached at 615-639-1651, or at caitlin.nee@omniapartners.com.
Thank you for your participation with OMNIA Partners.
Sincerely,
Bishop Theroff
Manager, Member Services
285
286
Page 1 of 2
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: AUTHORIZE THE USE OF LOWE’S HOME CENTERS, INC., HOME
DEPOT U.S.A., INC., HD SUPPLY FACILITIES MAINTENANCE, AND
SHERWIN WILLIAMS FOR PURCHASE OF MATERIALS, SUPPLIES,
PAINT AND APPLIANCES FOR PALM DESERT HOUSING AUTHORITY
PROPERTIES FOR FISCAL YEAR 2024/25
RECOMMENDATION:
1. Authorize the use of Lowe’s Home Centers, Inc., for the reoccurring purchase of materials,
supplies, and appliances, by property management, pursuant to Section 3.30.160(E) of the
Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $230,000.
2. Authorize the use of Home Depot U.S.A., Inc. for the reoccurring purchase of materials and
supplies, by property management, pursuant to Section 3.30.160(E) of the Palm Desert
Municipal Code for FY 2024/2025 in an amount not to exceed $60,000.
3. Authorize the use of HD Supply Facilities Maintenance for the reoccurring purchase of
materials and supplies, by property management, pursuant to Section 3.30.160(E) of the
Palm Desert Municipal Code for FY 2024/2025 in an amount not to exceed $320,000.
4. Authorize the use of The Sherwin-Williams Company for the reoccurring purchase of paint
and supplies, by property management, pursuant to Section 3.30.160(E) of the Palm Desert
Municipal Code for FY 2024/2025 in an amount not to exceed $80,000.
5. Authorize the disposal and recycling of inefficient, damaged, obsolete, and non-functioning
appliances as appropriate in accordance with Environmental Protection Agency (“EPA”)
standards and declare as surplus at the time of removal from the properties.
BACKGROUND/ANALYSIS:
The Palm Desert Housing Authority (“Authority”) property management conducts reoccurring
purchases of a variety of items for the Authority owned properties throughout the year such as
cabinets, countertops, garbage disposals, light fixtures, paint, building materials, plumbing
parts/supplies (toilet seats, stoppers, faucet spouts, etc.), hardware, bathroom fixtures (toilets,
sinks, vanities, medicine cabinets), janitorial supplies (gloves, vacuum bags, cleaners, etc.), light
bulbs, thermostat controls, A/C filters, general building i tems, hand held general purpose tools,
varying appliances (including but not limited to refrigerators with freezer, microwaves,
freestanding ranges, range hoods, dishwashers and other appliance accessories), and any other
necessary miscellaneous maintenance, repair and operating supplies.
Since 2012, the Authority has secured national government cooperative pricing by being
members to the national cooperative Omnia Partners (“OMNIA”). Lowe’s, Home Depot, HD
Supply, and Sherwin Williams are national cooperative contract holders and have con firmed to
extend their national cooperative contract pricing and terms to the Authority. Palm Desert
287
Palm Desert Housing Authority
Authorize Use of Lowe’s, Home Depot, HD Supply, and Sherwin William FYE 2025
Page 2 of 2
Municipal Code Section 3.30.160(E) allows for participation in cooperatives when a competitive
bid has already been completed.
The procurement of appliances from Lowe’s includes delivery and whenever appropriate, the
removal and recycling of old appliances. Staff requests authorization to dispose of or recycle all
appliances removed from the Properties in accordance with EPA standards for responsible
appliance disposal at the appropriate recycling centers. Such disposed of or recycled inefficient,
damaged, obsolete, and non-functioning appliances are also requested to be declared as
surplus at the time they are removed from the Properties .
Requested amounts for each of the vendors are based on the average change over the previous
three years actual expenditures plus a 7% increase.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
The Housing Commission will review this recommendation at its regular meeting of May 8, 2024.
Upon request, a verbal report will be provided at the Authority’s regular meeting of May 23, 2024.
FINANCIAL IMPACT:
Funds have been included in the Housing Authority FY 2024/2025 proposed budget in the
appropriate Authority accounts for each of the properties. There is no financial impact to the
General Fund from this action.
ATTACHMENTS:
1. Omnia Partners Participation Letter- Lowe’s Home Centers, Inc.
2. Omnia Partners Participation Letter- Home Depot U.S.A., Inc.
3. Omnia Partners Participation Letter- HD Supply Facilities Maintenance
4. Omnia Partners Participation Letter- Sherwin Williams
288
5001 Aspen Grove,
Franklin, TN 37067
February 1st, 2024
To Whom It May Concern:
Palm Desert Housing Authority submitted a participation form and was accepted as a member of OMNIA
Partners on September 26th, 2012.
The OMNIA Partners Participation Number assigned to the Palm Desert Housing Authority is: 4001732.
Palm Desert Housing Authority is currently participating in OMNIA Partners Contracts with
Lowes Home Centers, Inc., Home Depot U.S.A., Inc., HD Supply Facilities Maintenance, Sherwin-
Williams, The Garland Company, Inc., Waxie Sanitary Supply, Quill Corporation.
Palm Desert Housing Authority has requested access to utilize Lowes Home Centers, Inc. contract
number R192006 Lowes Home Centers, Inc. Maintenance, Repair and Operations (MRO) Supplies &
Equipment. Palm Desert Housing Authority has been granted access to utiliz e Lowes Home Centers, Inc.
Contract R192006, pending their board approval.
Your dedicated Member Development Manager is Caitlin Nee.
Caitlin may be reached at 615-639-1651, or at caitlin.nee@omniapartners.com.
Thank you for your participation with OMNIA Partners.
Sincerely,
Bishop Theroff
Manager, Member Services
289
290
5001 Aspen Grove,
Franklin, TN 37067
February 1st, 2024
To Whom It May Concern:
Palm Desert Housing Authority submitted a participation form and was accepted as a member of OMNIA
Partners on September 26th, 2012.
The OMNIA Partners Participation Number assigned to the Palm Desert Housing Authority is: 4001732.
Palm Desert Housing Authority is currently participating in OMNIA Partners Contracts with
Lowes Home Centers, Inc., Home Depot U.S.A., Inc., HD Supply Facilities Maintenance, Sherwin-
Williams, The Garland Company, Inc., Waxie Sanitary Supply, Quill Corporation.
Palm Desert Housing Authority has requested access to utilize Home Depot U.S.A., Inc. contract number
16154 Home Depot U.S.A., Inc. Maintenance, Repair, Operating Supplies, Industrial Supplies and
Related Products and Services. Palm Desert Housing Authority has been granted access to utiliz e Home
Depot U.S.A., Inc. Contract 16154, pending their board approval.
Your dedicated Member Development Manager is Caitlin Nee.
Caitlin may be reached at 615-639-1651, or at caitlin.nee@omniapartners.com.
Thank you for your participation with OMNIA Partners.
Sincerely,
Bishop Theroff
Manager, Member Services
291
292
5001 Aspen Grove,
Franklin, TN 37067
February 1st, 2024
To Whom It May Concern:
Palm Desert Housing Authority submitted a participation form and was accepted as a member of OMNIA
Partners on September 26th, 2012.
The OMNIA Partners Participation Number assigned to the Palm Desert Housing Authority is: 4001732.
Palm Desert Housing Authority is currently participating in OMNIA Partners Contracts with
Lowes Home Centers, Inc., Home Depot U.S.A., Inc., HD Supply Facilities Maintenance, Sherwin -
Williams, The Garland Company, Inc., Waxie Sanitary Supply, Quill Corporation.
Palm Desert Housing Authority has requested access to utilize HD Supply Facilities Maintenance contract
number 16154 HD Supply Facilities Maintenance, Repair, Operating Supplies, Industrial Supplies and
Related Products and Services. Palm Desert Housing Authority has been granted access to utiliz e HD
Supply Facilities Maintenance Contract 16154, pending their board approval.
Your dedicated Member Development Manager is Caitlin Nee.
Caitlin may be reached at 615-639-1651, or at caitlin.nee@omniapartners.com.
Thank you for your participation with OMNIA Partners.
Sincerely,
Bishop Theroff
Manager, Member Services
293
294
5001 Aspen Grove,
Franklin, TN 37067
February 1st, 2024
To Whom It May Concern:
Palm Desert Housing Authority submitted a participation form and was accepted as a member of OMNIA
Partners on September 26th, 2012.
The OMNIA Partners Participation Number assigned to the Palm Desert Housing Authority is: 4001732.
Palm Desert Housing Authority is currently participating in OMNIA Partners Contracts with
Lowes Home Centers, Inc., Home Depot U.S.A., Inc., HD Supply Facilities Maintenance, Sherwin -
Williams, The Garland Company, Inc., Waxie Sanitary Supply, Quill Corporation.
Palm Desert Housing Authority has requested access to utilize Sherwin-Williams contract number 02-147
Sherwin-Williams Paint and Related Supplies. Palm Desert Housing Authority has been granted access
to utilize Sherwin-Williams Contract 02-147, pending their board approval.
Your dedicated Member Development Manager is Caitlin Nee.
Caitlin may be reached at 615-639-1651, or at caitlin.nee@omniapartners.com.
Thank you for your participation with OMNIA Partners.
Sincerely,
Bishop Theroff
Manager, Member Services
295
296
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: RATIFY A LETTER OF SUPPORT FOR THE UNIVERSITY OF
CALIFORNIA, RIVERSIDE, 2024/25 CONGRESSIONAL COMMUNITY
PROJECT FUNDING REQUEST FOR A CRITICAL MINERALS
CHARACTERIZATION LABORATORY AT THE PALM DESERT CAMPUS
RECOMMENDATION:
Ratify a letter of support for the University of California, Riverside, 2024/25 Congressional
Community Project Funding Request for a Critical Minerals Characterization Laboratory at the
Palm Desert Campus.
BACKGROUND/ANALYSIS:
On March 23, 2023, the City Council previously ratified letters of support for the University of
California, Riverside (UCR), 2023/24 Congressional Community Project Funding Request for
Critical Minerals Characterization and Microgrid Living Laboratories at the Palm Desert Campus.
The Critical Minerals Characterization Laboratory was not included in the Fisc al Year 2023/24
Federal Budget. At the request of UCR, the City Council Ad Hoc Committee on Legislative Affairs
authorized immediate issuance of the renewed letter of support.
Critical Minerals Characterization Laboratory: UCR is seeking funding to establish a critical
minerals characterization laboratory at the Palm Desert campus to help meet the needs of
strategic boron, rare earth element and lithium industries located in the Mojave Desert and
Lithium Valley regions of Southern California.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENT:
1. Letter of Support - UCR Critical Minerals Characterization Laboratory
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: RATIFY LETTERS OF OPPOSITION TO SENTATE BILL 1037 (WIENER),
PLANNING AND ZONING: HOUSING ELEMENT: ENFORCEMENT; AND
ASSEMBLY BILL 1886 (ALVAREZ), HOUSING ELEMENT LAW:
SUBSTANTIAL COMPLIANCE: HOUSING ACCOUNTABILITY ACT
RECOMMENDATION:
1. Ratify a letter of opposition to Senate Bill 1037 (Wiener), Planning and Zoning: Housing
Element: Enforcement.
2. Ratify a letter of opposition to Assembly Bill 1886 (Alvarez), Housing Element Law:
Substantial Compliance: Housing Accountability Act.
BACKGROUND/ANALYSIS:
On May 9, 2024, the League of California Cities issued an Action Alert requesting cities oppose
SB 1037 and AB 1886. After review, the City Council Ad Hoc Committee on Legislative Affairs
authorized the immediate issuance of letters of opposition.
SB 1037 (Wiener) Planning and Zoning: Housing Element: Enforcement, allows the Attorney
General to take legal action against a city and seek fines up to $50,000 a month for violating
unspecified housing laws that require ministerial approval of certain housing projects or for failing
to adopt a housing element that substantially complies with the law, even if the jurisdiction is
acting in good faith.
AB 1886 (Alvarez) Housing Element Law: Substantial Compliance: Housing Accountability Act,
subjects cities to builder’s remedy projects unless the California Department of Housing and
Community Development or a court determines that the local agency’s housing element
substantially complies with law. The builder’s remedy allows a developer to construct a project
that is inconsistent with both the city’s general plan and zoning standards, except for sites that
are identified for very low-, low-, or moderate-income housing.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
301
City of Palm Desert
Letters of Opposition – SB 1037 and AB 1886
Page 2 of 2
ATTACHMENTS:
1. Letter of Opposition – SB 1037
2. Letter of Opposition – AB 1886
3. Bill Text: SB 1037, Planning and Zoning: Housing Element: Enforcement (Hyperlink Only)
4. Bill Text: AB 1886, Housing Element Law: Substantial Compliance: Housing Accountability Act
(Hyperlink Only)
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303
304
305
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Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: RATIFY LETTERS OF SUPPORT FOR COACHELA VALLEY
ASSOCIATION OF GOVERNMENTS FUNDING REQUESTS UNDER THE
EXTREME HEAT AND COMMUNITY RESILIENCE PROGRAM
RECOMMENDATION:
Ratify a letter of support for the Coachella Valley Association of Governments (CVAG) Cool
Asphalt and Shading Plan and CV Link Mobile Hydration Initiative funding requests to the
Governor’s Office of Planning and Research.
BACKGROUND/ANALYSIS:
The Governor’s Office of Planning and Research released a Notice of Funding Opportunity
under the Extreme Heat and Community Resilience Program. This program funds and supports
local, regional, and tribal efforts to reduce the impacts of extreme heat. The Extreme Heat and
Community Resilience Program coordinates the state’s efforts to address extreme heat and the
urban heat island effect. The application deadline was May 7, 2024.
At the request of CVAG, the City Council Ad Hoc Committee on Legislative Affairs auth orized
the immediate issuance of letters of support for the CVAG Cool Asphalt and Shading Plan and
CV Link Mobile Hydration Initiative funding requests under the Extreme Heat and Community
Resilience Program.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENTS:
1. Letter of Support – CV Cool Asphalt and Shading Plan
2. Letter of Support – CV Link Mobile Hydration Initiative
307
308
[ I l Y a f P Al M
73-510 FRED WARING DRIVE
OFFICE OF THE MAYOR AND CITY COUNCIL
April 29, 2024
Brade n Kay
Extreme Heat Program Manager
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-061 I
FAX: 760 340-0574
cityhall@cityofpalmdesert.org
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento , CA 95814
RE: CV Cool Asphalt and Shading Plan -Support
Dear Mr. Kay ,
Df~f Rl
I am writing on behalf of the City of Palm Desert to express our strong support for the
Coachella Valley Association of Governments (CVAG) application to the Extreme Heat
and Community Resilience Program under the Integrated Climate Adaptation and
Res ili ency Program .
The Coachella Valley , located in Southern Californ ia's arid desert, is fac ing an urgent
and escalating problem-extreme temperatures that persist for extended periods. In
response , CVAG has collaborated with Kounkuey Design Initiative , Inc ., the Coachella
Valley Housing Coalition , local Tribal Nations , and city governments throughout the
Coachella Valley to propose a Cool Pavement and Shade Plan . This init iative aims to
enhance community resilience to extreme heat , focusing particularly on protecting the
most vulnerable populations .
Wh ile the Coachella Valley is celebrated for its natural beauty and cultura l wealth, it also
faces significant heat-related challenges during the summer . Implementing cool
pavements and strategic shading can effectively mitigate these challenges . Cool
pavements utilize advanced materials and technologies to lower surface temperatures
and reduce the urban heat island effect. This innovation not only cools t he environment ,
enhancing pedestrian comfort and reducing energy use , but also integrates shade
structures to create enjoyable outdoor spaces that promote physical activity , social
interaction , and commun ity cohesion . These improvements will make our outdoor
environments more welcom ing and accessible for everyone , enhancing the quality of life
in our region and moving us closer to our goals of sustainability , climate resilience , and
equity .
By implementing these combined strategies , we can provide substant ial relief from the
intense sunlight , making our outdoor environments more welcoming and accessible for
O PRINTlDOIIR((YCl(OP,V(fl
309
everyone. This improvement in our community infrastructure will elevate the quality of
life in our region and move us closer to our goals of sustainability , climate resilience ,
and equity.
Taking proactive steps to address the adverse effects of extreme heat will foster a
healthier, more sustainable environment for both present and future generations .
Therefore , I urge you to prioritize the implementation of the Cool Pavement and Shade
Plan in Coachella Valley , utilizing all available resources and partnerships to maximize
its impact.
Sincerely ,
CITY Of PRlM DHfRT
0 ,11:1,n(O,)JlltECY(UO,,.,o
310
OFFICE OF THE MAYOR AND CITY COUNCIL
April 29, 2024
Braden Kay
Extreme Heat Program Manager
C I l Y a f P n l M
73-5 ro FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-25 7 8
TEL : 7 60 346 -06 1I
FAX: 7 60 340 -05 74
cityh all @cityofpalmdesert.org
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
RE: CV Link Mobile Hydration -Support
On behalf of the City of Palm Desert, I am writing to express support for the CV Link
Mobile Hydration initiative , which aims to foster community resilience to extreme heat in
the Coachella Valley . The Coachella Valley is known for its scorching summer
temperatures, which pose significant health risks , particularly to vulnerable populations .
The CV Link Mobile Hydration project plays a vital role in mitigating these risks by
providing accessible hydration stations and resources to reduce the effects of extreme
heat. By offering a source of relief from the heat , this initiative not only promotes
physical health but also fosters a sense of community support and cohesion.
CVAG is a joint powers authority comprising the nine Coachella Valley cities, four local
Tribal Nations , and the County of Riverside . CVAG builds regional projects of
significance, including the CV Link, a 40-plus mile multi-modal pathway that spans the
Coachella Valley . With support from the Integrated Climate Adaptation and Resiliency
Program, CVAG will use CV Link to directly access disadvantaged communities and
implement a mobile hydration program using Urban Conservation Corp (UCC) Rangers .
The program will strengthen community services and response to extreme heat by
providing water, extreme heat resource kits, and educational materials that build
capacity for vulnerable communities to build extreme heat resilience . The project will
also incorporate the Coachella Valley 's rich cultural heritage by including placemaking
signage related to extreme heat. By working with the UCC, youth in the Ranger
Program will learn leadership skills that support their community's health and well-
being.
In addition to its immediate health benefits, the CV Link Mobile Hydration initiative aligns
with broader efforts to enhance community resilience in the face of climate change. As
extreme heat events become more frequent and severe, we must invest in adaptive
strategies that empower individuals and communities to withstand these challenges. By
promoting hydration and heat safety awareness , this project contributes to building a
more resilient Coachella Valley , especially for vulnerable populations.
O PRIHTEDONUCYCLEOPAPEI
311
Furthermore , the collaborative nature of the CV Link Mobile Hydration initiative is a
testament to the strength of partnerships in addressing complex societal issues . This
project , which brings together government agencies , non-profit organizations ,
businesses, and community stakeholders , is an example of our collective commitment
to the well-being of our community. I am confident that your favorable co~sideration of
the CV Link Mobile Hydration initiative will further strengthen these partnerships and our
community 's resilience.
Sincerely,
CllY Of PRlM OfHRl
-0 PJlllflfll i>II llUCLED ,uu
312
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Marie de Vera, Executive Coordinator, City Manager’s Office
REQUEST: AUTHORIZE OUT-OF-STATE TRAVEL FOR CITY MANAGER TO
ATTEND INTERNATIONAL COUNCIL OF SHOPPING CENTERS IN LAS
VEGAS, NEVADA
RECOMMENDATION:
Authorize out-of-state travel for the City Manager to attend the International Council of Shopping
Centers on May 18 through May 20, 2024, in Las Vegas, Nevada.
BACKGROUND/ANALYSIS:
On June 22, 2023, the City Council approved the out -of-state travel requests which did not
include authorization for the City Manager’s attendance at the International Council of Shopping
Centers (ICSC) Annual Conference on May 18 through May 20, 2024, in Las Vegas, Nevada.
The City Council is requested to approve out-of-state travel for the City Manager to attend the
ICSC Annual Conference.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
Mayor Quintanilla originally intended on attending this conference but ended up canceling. We
were able to request a full refund on everything except for the registration. To prevent the
payment going to waste, we requested the registration be transferred into the City Manager’s
name, so that he can attend. Sufficient funding is available in Account 1104130 -4312000 (City
Manager Conferences/ Seminars).
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Page 1 of 3
CITY OF PALM DESERT and PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO.
3 TO EXCEL LANDSCAPE, INC., CORONA, CALIFORNIA, IN THE
ANNUAL AMOUNT OF $418,680 PLUS EXTRA WORK AND SERVICES
FOR AN ANNUAL AMOUNT NOT TO EXCEED $85,000 (PROJECT NO.
MLS00010) (CC, HA)
RECOMMENDATION:
1. Award a Contract for Landscape Maintenance Area No. 3 (LMA 3) to Excel Landscape, Inc.,
of Corona, CA, in the annual amount of $418,680.
2. Authorize extra work and services in an annual amount not to exceed $85,000.
3. Authorize the Executive Director or designee to review and approve written contract
amendment and change order requests for unanticipated conditions per Section 3.30.170 of
the Palm Desert Municipal Code.
4. Authorize the Executive Director to execute the said agreement.
BACKGROUND/ANALYSIS:
Landscape Maintenance Area 3 consists of the Authority’s fifteen (15) multi-family and senior
properties, comprised of approximately 1,100 units. Landscape maintenance services for these
properties are provided by the Authority through contractors that were selected by experience,
equipment, and qualified labor in determining the best qualified firm for the services being
requested. This process has been used successfully with other landscape maintenance services
and the level of service and quality of maintenance has improved substantially.
Staff issued a Request for Proposals on February 7, 2024, and on March 7, 2024, five (5)
proposals were received. A selection committee that included two Public Works staff and one
Housing Division staff evaluated the proposals and scored them according to the criteria listed
in the RFP. The scoring criteria and weight is as follows:
• Clarity and conformance of proposal to the RFP (10%)
• Content of the proposal, including the work plan (25%)
• Proposer’ s experience and performance (35%)
• Comments by references (10%)
• Fee proposal (20%)
Excel Landscape, Inc. (“Excel”) was the highest -ranked proposal with an aggregate score of
79.33 compared to the previous contract-holder, Liberty Landscaping, Inc. with an aggregate
score of 76.67.
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City of Palm Desert and Palm Desert Housing Authority
Approve Contract with Excel Landscape for LMA 3
Page 2 of 3
Contractor Location Amount_ Score
1. Excel Landscape, Inc. Corona, CA $418,680 79.33
2. Liberty Landscaping, Inc. Riverside, CA $372,984 76.67
3. Mariposa Landscapes, Inc. Irwindale, CA $574,308 69.33
4. Universal Green Desert Hot Springs, CA $385,228 57.67
5. Southwest Landscape Indio, CA $706,499 20.67
Excel provided a clear and concise proposal that outlined their proposed method to accomplish
the work. Based on the scores, the selection committee was of the opinion that Excel would
provide a higher level of service. Staff recommends that a three-year contract with an option of
two, one-year extensions be awarded to Excel.
Extra work and services cover unquantifiable activities that may arise and are necessary for
landscape maintenance services that are not part of the landscape maintenance contract. It
includes the repair and replacement of irrigation equipment, repair, maintenance, and
replacement of lighting equipment, emergency tree work, grass seed and fertilizer, replacement
of trees and shrubs, pest control, accident and vandalism repair, and replacement of damaged
items.
When a need for extra work arises, the contractor who has been awarded the maintenance
contract for an established Landscape Maintenance Area is given priority over other contractors.
The Authority has found that it can be problematic to bring in an outside contractor to complete
work in an area being maintained by another contractor. For example, if damage is detected
after an outside contractor performs work in the area, it is difficult to determine which contractor
is responsible. Therefore, utilizing the same contractor for the maintenance and extra work
fosters continuity and reduces the likelihood of potential conflicts.
References
Excel Landscape has been contracted by the City of Palm Desert (“City”) in the past for
maintenance at Landscape Maintenance Area 17. The results of that agreement were positive.
In addition, Excel was called upon to assist with cleanup efforts at the City’s Freedom Park
following Tropical Storm Hilary in 2023. Excel’s assistance was instrumental in restoring the park
quickly.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
On May 8, 2024, the Palm Desert Housing Commission voted 4-1 (with Commissioner Docken
voting no) to not recommend that the Housing Authority award a contract to Excel Landscape
for landscape maintenance services. The Commissioners did not provide specific information
leading to their vote, but opted instead to defer to the City Council.
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City of Palm Desert and Palm Desert Housing Authority
Approve Contract with Excel Landscape for LMA 3
Page 3 of 3
FINANCIAL IMPACT:
Funds have been included in the proposed Housing Authority FY 2024/2025 budget in the
appropriate Authority accounts for each of the properties. There is no financial impact to the
General Fund from this action.
ATTACHMENTS:
1. Proposal – Excel Landscape, Inc.
2. Agreement
3. Performance and Payment Bonds
317
318
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
RESPONSE DOCUMENT REPORT
RFP No. 2023-RFP-220
Landscape Maintenance Services at Palm Desert Housing Authority Properties (LMA 3)
RESPONSE DEADLINE: March 7, 2024 at 2:00 pm
Report Generated: Saturday, March 9, 2024
Excel Landscape Inc. Response
CONTACT INFORMATION
Company:
Excel Landscape Inc.
Email:
marty@excellandscape.com
Contact:
Marty Fox
Address:
1185 Magnolia Ave. Ste E400
Corona, CA 92879
Phone:
N/A
Website:
N/A
Submission Date:
Mar 1, 2024 2:20 PM
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Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
2. Key Personnel: Identify key persons that will be principally responsible for working with the Authority. Indicate the role and
responsibility of each individual.
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Page 3
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the Authority. Proposer should take into
account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones,
and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals
described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the Authority’s
attention within the discussion of its proposed method to accomplish the work.
Final_proposal_LMA_3.pdf
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by ag reement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or c ost
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, d irectly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member o r agent thereof to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liabil ity company,
limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and do es execute, this
declaration on behalf of the Bidder.
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Page 4
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database.
694553
Click to Verify Value will be copied to clipboard
4. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000007099
Click to Verify Value will be copied to clipboard
5. Type of Business*
S Corporation (if corporation, two signatures are required)
6. Compliance with California Air Resources Board Regulation *
The Agency is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section
2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet
and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally
complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and
for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.
Please upload your Certificate of Reported Compliance here.
CARB_Certificate_letter.pdf
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Request For Proposal - Landscape Maintenance Services at Palm Desert Housing Authority Properties (LMA 3)
Page 5
7. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5)
years (or type "N/A").
None
8. Changes to Agreement*
The Authority standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect
theAuthority's decision to enter into an Agreement.
None
9. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection o f the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
Maximum response length: 5000 characters
None
10. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications,
education, and professional licensing.
RESUME_JASON.pdf
11. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
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Page 6
A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
Jose Alfaro
President
710 Rimpau Ave, Corona CA 92879
joe@excellandscape.com
951-735-9650
12. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
PRICE TABLES
CONTRACTOR'S PROPOSAL PRICE BY SITE
Line Item Description Quantity Unit of
Measure
Monthly Cost Annual Cost Total
1 One Quail Place 72-600 Fred Waring 1 Annual Price 13135 $157,620.00 $157,620.00
2 Las Serenas 73-315 Country Club Drive 1 Annual Price 3350 $40,200.00 $40,200.00
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Page 7
Line Item Description Quantity Unit of
Measure
Monthly Cost Annual Cost Total
3 California Villas 77-107 California Drive 1 Annual Price 5360 $64,320.00 $64,320.00
4 Catalina Gardens 73-600 Catalina Way 1 Annual Price 1370 $16,440.00 $16,440.00
5 Desert Pointe 43-805 Monterey Avenue 1 Annual Price 1970 $23,640.00 $23,640.00
6 Laguna Palms 73-875 Santa Rosa Way 1 Annual Price 1850 $22,200.00 $22,200.00
7 Neighbors 73-535 Santa Rosa Way 1 Annual Price 960 $11,520.00 $11,520.00
8 Pueblos 73-695 Santa Rosa Way 1 Annual Price 300 $3,600.00 $3,600.00
9 Taos Palms 44-830 Las Palmas 1 Annual Price 300 $3,600.00 $3,600.00
10 Candlewood Apartments 74-000 & 74-002 Shadow Mountain 1 Annual Price 400 $4,800.00 $4,800.00
11 Palm Village Apartments 73-650 Santa Rosa Way 1 Annual Price 625 $7,500.00 $7,500.00
12 Sagecrest 73-811 Santa Rosa Way 1 Annual Price 400 $4,800.00 $4,800.00
13 La Rocca Villas 42-135 Golden Eagle 1 Annual Price 1660 $19,920.00 $19,920.00
14 Carlos Ortega Villas 77-915 Avenue of the States 1 Annual Price 2620 $31,440.00 $31,440.00
15 Santa Rosa 73-625 Santa Rosa Way 1 Annual Price 590 $7,080.00 $7,080.00
TOTAL $418,680.00
ADDITIONAL WORK PRICING SCHEDULE
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Page 8
Line Item Description Unit of Measure Unit Cost
1 Additional Laborer per hour $45.00
2 Additional Irrigator per hour $75.00
3 Additional Foreman per hour $85.00
PLANT MATERIAL REPLACEMENT PRICING SCHEDULE
Line Item Description Unit of Measure Unit Cost
1 1-gallon shrub, installed each $12.00
2 5-gallon shrub, installed each $32.00
3 15-gallon tree, installed. Note this includes the following: digging of hole, setting of tree, backfilling,
watering-in of tree, staking (if needed), securing with cinch ties, and adjusting repairing, or retrofitting
irrigation.
each $185.00
4 24" box tree, installed. Note anything over 24" box size will be paid at the contractual hourly rate for
labor and materials at cost plus a 15% mark-up.
each $285.00
OTHER ITEMS
Line Item Description Unit of Measure Unit Cost
1 Turf Maintenance: Labor and equipment for mowing per 1,000 sq. ft. $50.00
2 Irrigation system repairs will be paid at the hourly rate indicated above and with a 15% mark-up on
materials. Please enter a $0.00 value here.
Information only.
Enter $0.00
$0.00
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1
REQUEST FOR PROPOSAL
Prepared by:
Project No. 2023-RFP-220
2024 CITY HOUSING AUTHORITY LMA 3
327
2
INDEX
EXPERIENCE & TECHNICAL COMPETENCE 2
STAFFING & KEY PERSONNEL 3
METHOD TO ACCOMPLISH WORK 4
BONDING & BANK LETTERS 5
COVER LETTER 1
328
3
March 7, 2024
City of Palm Desert
73510 Fred Waring Dr.
Palm Desert, CA 92260-2578
Re: Request for Proposal for Landscape Maintenance for Palm Desert Housing Authority Properties.
Dear Evaluation Committee,
I would like to thank you for the opportunity to submit our proposal for the above project. In the following pages please
find all the information you requested.
Excel Landscape has been providing quality landscape maintenance for municipal customers for more than 40 years. We
have a history of long term relationships with those customers, some for more than 20 years. We pride ourselves on those
relationships.
We feel that our experience with the City on previous projects and our local pool of resources will be a benefit to the city.
We hope you will agree and allow us the opportunity to maintain the Palm Desert Housing Authority Properties.
Upon execution of the contract we will provide certificates of insurance for General Liability, Automotive and Workers
Compensation, along with Performance, Labor and Material Bonds.
We are also willing to offer a savings to the City by paying an annual reduced monthly amount. Our bid is for a (3) year
average of each years cost. We have calculated the mandated cost of living increases for each year. If the City would like
to pay the reduced first year amount of $33,617.00 per month, the second year at $34,890.00 and the third year at
$35,777.00 per month, we are willing to offer that option.
Respectfully,
Jose Alfaro
Jose Alfaro, President
329
4
CURRENT OPERATIONS
SERVICES
CURRENT PROJECTS
REFERENCES
EXPERIENCE & TECHNICAL COMPETENCE
QUALIFICATIONS
PERSONNEL
EQUIPMENT
EXPERIENCE
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5
QUALIFICATIONS
Licensed Contractor 694553 C-27
Licensed Pest Control Advisor
Licensed Pest Control Operator
Licensed Pest Control Applicator
CLCA “Expert” Certified Water Manager
Certified Recycled Water Supervisor
Insured With Best Rated “A”
First National Insurance Company of America
CLIA Certified Water Auditor
OSHA Compliant
State & Federal Labor Law Compliant
Certified Arborist #496
DIR Registration 1000007099
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6
COMPANY PERSONNEL
Excel Landscape takes pride in our loyal staff and strives to
provide a work environment that encourages long-term employment, which is
why we continue to provide opportunities for the improvement and
advancement of our employees.
This is reflected in the low turnover of our staff in an industry where just the opposite is
typical. This is an advantage to our larger customers on projects that have permanent
full time crews, as the employees become familiar with specific requirements. Staff are
trained in the safety aspect of high traffic areas. Bi-weekly tailgate meetings are held
featuring safety as the number one focus.
F ol lowi ng is a list of o ur key personnel.
* Reclaimed Water Certified
PROJECT MANAGERS
24 Years QAL, Water Manager, *
Rainmaster & Calsense Certified
16 Years
QAL, Water Manager, Auditor & *
Jose Alfaro Jr.
24 Years
QAC, Auditor & * Hector Lopez
37 Years
Landscape Designer, QAC, Auditor & * Marty Fox
Jason Alfaro
SUPERVISORS
13 Years
Jorge Gasca* 14 Years
23 Years Gerardo Cardenas
26 Years Oscar Farias
25 Years
26 Years Arturo Serrato
13 Years Jesus Quintero
25 Years Genaro Villalpando*
OWNER/GENERAL MANGER
45 Years
PCA, QAL & Auditor Jose Alfaro Luis Silva
32 Years Vostok Bernal
Justino Murillo
332
7
224 Drivers, Operators and
Laborers
Martimiano Santiago
MECHANICS
13 Years Antonio Gaona
3 Years Felipe Martinez
2 Years Alfredo Hurtado
FOREMEN
CERTIFIED ARBORIST
30 Years
#496 Jim Borer
IR RIGATION TECHNIC IANS
26 Years Jesus Camarillo
15 Years Jesus Alferez
8 Years Ceasar Castro
7 Years Jose Anguiano
12 Years Rigoberto Chavez
11 Years Refugio Cruz
13 Years Ismael Morales
24 Years Roberto Cruz
7 Years Juan Aparicio
9 Years Jose Anguiano
6 Years Jose Garcia
8 Years Victor Ortiz
12 Years Carlos Fernandez
Emiliano Ceballos* 24 Years
4 Years Jose Aguilera
6 Years Jorge Gonzalez
9 Years Juan Vasquez
7 Years Gaudencio Mejia
6 Years Juan Franco
7 Years Jamie Moreno
7 Years Jesus Jimenez
5 Years Benjamin Miranda
5 Years Eliseo Gomez
6 Years Rigoberto Herrera*
2 Years
6 Years Filiberto Agulera
333
8
EQUIPMENT LIST COMPANY WIDE
Excel Landscape possesses a large variety of equipment. This
includes back up equipment at each service yard. If a piece of
equipment should fail we have a tow truck to pick up and deliver as soon
as called upon. This ensures uninterrupted service to our customers. (4) full
time mechanics work under the direction of the fleet manager to ensure
maintenance and repairs are done regularly and in a timely manner.
Tractors & Skid Steers 14
Tractor Specialty Attachments 21
· Aerators
· Aeravator
· Augers
· Bush Hogs
· Forklifts
· Power Rakes
· Rototilers
· Spreaders
· Sprayers
· Top Dressers
· TR3 Power Rake
· Turf Vacs
· Vrisimo Flailmower
Managers/Supervisors Trucks 20
Crew Trailers 62 Crew Trucks 86
Riding and Walk Behind Mowers 72
Blowers, Hedge Trimmers, Edgers & Weed Eaters 500+
Dump Trucks 12
Irrigation Technicians Trucks 19
334
9
Has been providing quality landscape
services in Southern California for over 45 years,
specializing in large scale municipal
maintenance.
Excel Landscape
Excel has completed a renovation of a 15
acre sports park with (2) soft ball fields, a
walking track, passive turf areas and the
conversion of (5) acres of turf to drought
tolerant plant material, that we re-designed for
the City of Murrieta.
Excel Landscape
designed and installed
Demonstration Gardens for (2)
local water agencies.
Recently we completed a contract with the
Inland empire Utilities Agency where we
maintained an award winning water wise
landscape at their Headquarters in Chino.
Excel Landscape designs, Instal ls and
maintains a large variety of landscape
projects.
Excel has designed and installed a new dog
park and a passive park for the City of
Claremont.
We currently maintain a
variety of parkways,
medians, slopes, open
space, parks with ball
fields, soccer fields and
synthetic turf fields for (13)
local agencies. This
includes many acres of
water wise and drought
tolerant plant material.
Currently we maintain over 100 acres of
drought tolerant landscape for the City of
Indio.
335
10
CURRENT OPERATIONS
SERVICES
· Design & Installation
· Maintenance
· Irrigation Management & Conversions
· Fertilization & Chemical Application
· Pest & Disease Control
· Sports Turf Management
· Synthetic Turf Maintenance
· Ball Field Maintenance
· Blue Line Stream Maintenance New Fuel Efficient Manager & Supervisor Trucks
· Equestrian Park Maintenance
· Water Wise Landscape Management
Blue Line Stream Low Water Use Irrigation Synthetic Turf Care
Irrigation Service Trucks Ball Field Prep Large Scale Mowing
336
11
REFERENCES
A COMPANY IS ONLY AS GOOD AS THE
RECOMMENDATIONS OF ITS CLIENTS
337
12
REFERENCES Several Apartment
Complexes
CITY OF ENCINITAS
1990-Present
760.633.2755 Ms. Annette Saul
asaul@encinitasca.gov
1990-2012, 2017-Present
909.399.5431
CITY OF CLAREMONT
Mr. Richard Hecker
rhecker@ci.claremont.ca.us
2001-Present
951.955.6652
COUNTY OF RIVERSIDE
Mr. Mike Franklin Mr. Mike Franklin
MFrqanklin@RIVco.org
2012-Present
909.888.8986
EAST VALLEY MUNICIP AL WATER
Mr. Dale Barlow
DBarlow@eastvalley.org
1994-Present
951.461.6124
CITY OF MURRIETA
Mr. George Moring
GMoring@murrietaca.gov
CITY OF CHINO HILLS
1990-Present
909.3642802 Mr. Sean O’Conner
Soconnor@chinohills.org
CITY OF YUCAIPA
2013-Present
909.797.2489 Mr. Steve Frenken
Sfrenken@yucaipa.org
CITY LAKE ELSINORE
1997-Present
951.674.5170
Mr. Chris Erickson
cerickson@lake-elsinore.org
2012-Present
760.346.0611
CITY OF PALM DESERT
Mr. Randy Chavez
rchavez@cityofpalmdesert.org
HYDER PROPERTY MGT
2020-Present
760-591-9737
Mrs. Michelle Pruitt
mpruitt@hyderco.com
338
13
CURRENT PROJECTS
Ongoing
Maintenance
Contracts
75 of work with
Public Agencies 38%
Projects similar to the City of Palm Desert
CITY OF MURRIETA
One Town Square
Murrieta CA
951.461.6124
· 46 parks
· 4 sports parks
· Equestrian Center
· All City Facilities
· Totaling over 700 acres
Mr. George Moring
339
14
CITY OF CLAREMONT
1616 Monte Vista
Claremont CA
909.309.5431
· 19 Parks
· 5 Ball Fields
· 9 Soccer Fields
· 2 Community Centers
· Down Town Village
· City Hall
· Cemetery
· Totaling Over 200
Acres
Mr. Richard Hecker
505 S. Vulcan Ave.
Encinitas, CA 92024
760.633.2747
· 20 Parks over 100 Acres
· Over 40 miles of Trails
· 10 miles of Streetscapes
· Over 40 Acres of Beaches
CITY OF ENCINITAS
Ms. Annette Saul
340
15
CITY OF CHINO HILLS
1400 City Center Dr.
Chino Hills CA
909.364.2802
· (27) Neighborhood Parks
· (2) Dog Parks
· Slopes, Medians & Park-
ways
· Totaling Over 200 Acres
Mr. Sean O’Conner
COUNTY OF RIVERSIDE
3403 10th St. Ste 400
Riverside CA 91501
951.955.6652
· 10 Parks
· 2 Sports Complexes
· 8 Ball Fields
· 4 Soccer Fields
· 4 Basins
· 11 Libraries
· Parkways & Medians
Totaling Over 100 Acres
Mr. Mike Franklin
341
16
STAFFING & KEY PERSONNEL
STAFFING
STAFFING FOR THIS CONTRACT
342
17
STAFFING
Available as needed
PROJECT/QUALITY CONTOL MANAGER
· Licensed C-27, C-61/D49
· Licensed QAL
· CLCA Certified Water Manager
· Certified Irrigation Auditor
· Q.W.E.L
· Reclaimed Water Certified
16 Years Experience
909.208.9269 Jason Alfaro
GENERAL MANAGER
45 Years Experience
909.208.9901 Jose Alfaro
· CLCA Certified Water Manager
· Licensed PCA
· Licensed QAL
· Water Auditor
· Hardscape installation/renovations
· Irrigation up-grades
CONSTRUCTION CREW
Miguel Ramos 20 Years Experience
+(1) Laborer
· Landscape installation/renovation/conversion
· Irrigation conversions/retro fit
· Sports field renovations
LANDSCAPE IMPROVEMENT CREW
26 Years Experience
+(2) Laborer Jose Padilla
343
18
STAFFING FOR THIS CONTRACT
Excel Landscape understands this is a performance based
contract. We will add resources when and where necessary to
comply with the contract requirements.
13 Years Experience Luis Silva
SUPERVISOR AS NEEDED
· Over see all daily and weekly tasks
· Assist with compleƟon of all contractual obligaƟons
· Meet with City inspectors as needed to go over concerns
regarding maintenance
IRRIGATION TECH AS NEEDED
4 Years Experience Jose Aguilera
· Inspect, adjust and repair irrigaƟon
FOREMAN + 1 man 40 Hours per week
6 Years Experience Caesar Castro
· Over sees one of two detail crews
· Completes all daily and weekly tasks
· Assist with compleƟon of all contractual obligaƟons
FOREMAN + 1 man 40 Hours per week
4 Years Experience Juan Velasquez
· Over sees one of two detail crews
· Completes all daily and weekly tasks
· Assist with compleƟon of all contractual obligaƟons
ONSITE MAN 40 Hours per week
One Quail Place
· Oversees daily liƩer and plant trimming
344
19
EQUIPMENT FOR THIS CONTRACT
QUALITY CONTROL PLAN
EMERGENCY RESPONSE
SAFTEY PLAN
PROJECT OVERVIEW
MANAGEMENT PLAN
METHOD TO ACCOMPLISH WORK
345
20
PROJECT OVERVIEW
MANAGEMENT PLAN
Excel Landscape has maintained landscaping at Civic Center as well as currently
working on some Tropical Hilary damage. Our extensive knowledge and understand-
ing of the current landscape, irrigation, and budget constraints has given us the expe-
rience necessary to maintain the landscaping for the Housing Authority Properties.
Labor, equipment and material resources are scheduled and re-directed as
necessary to achieve the highest level of service.
Jason Alfaro, will be the Project Manager. He will coordinate with City Staff, and is
in charge of all aspects of the contract. He oversees the area supervisor, on site
foreman, irrigation tech, onsite and crewed staff. He will prepare proposals and
coordinate all the work.
Luis Sliva will be the supervisor, he is responsible for all onsite and crewed staff,
irrigation technician and specialty crews along with all scheduling. He will immedi-
ately respond to any City requests.
Caesar Castro, will be the Foreman. He will coordinate with City Staff, and is in
charge of all on-site aspects of the contract. He oversees all the on-site and
crewed staff.
Jose Aguilera, will be the irrigation technician. He will be in charge of all visual and
operational irrigation testing. He will make as needed repairs.
A major advantage Excel Landscape has, is we are already working on a similar
contract thus no time is necessary to gear up and prepare for this contract. Please
see the following staffing & equipment we will continue and add to this contract.
346
21
EQUIPMENT FOR LANDSCAPE MAINTENANCE
· 3/4 ton specialty trucks
· 72” Riding mower
· 48’ Walk behind
· Small equipment
· Misc. hand tools
· Traffic control devices
DETAIL CREW 2 Mow & Detail Trucks
LITTER & GREENWASTE as needed 1
· 1 ton dump truck, as needed to pickup green waste
when excess amounts are generated.
· Small equipment
· Traffic control devices.
.
Irrigation Service Truck IRRIGATION CREW as needed
· 3/4 ton service body
· Misc hand tools
· Traffic control devices
· Progressive tracking
equipment
· Irrigation remote control
1
· Small portable compact chipper
· Used to turn trimmings into mulch
TRACK DRIVEN CHIPPER 1
347
22
QUALITY CONTROL PLAN
Excel Landscape
Hires & trains the right people.
Quality People Produce
Quality Results
Manager
· Office staff is available Monday – Friday, 7:00 a.m. to 4:30 p.m.
· The same phone number is used during business and after hours to ensure
clients are able to receive assistance 24 hours a day.
· Client needs are communicated through the chain of command to ensure
quick and efficient responses.
· All crews carry cell phone communication for rapid response to requests.
TRAINING
· Is an experienced QAL, Irrigation Auditor and Irrigation Manager.
· Attends outside training sessions to ensure licenses and certifications are current.
Staff
· Are rigorously screened to find the best match for each of our job positions.
· Are trained according to appropriate skill and job level. This ensures that
each member of the team can safely and competently complete their
assigned tasks.
· Bi-Weekly “tailgate” meetings are provided by “in-house experts” in the
areas of Chemical application, irrigation auditing, and irrigation
management.
· Topics are scheduled a year in advance and cover areas such as OSHA
safety standards, industry techniques, irrigation practices and new
technology. Topics are adjusted as needs or regulations change.
COMMUNICATION
348
23
· Project areas are photographed to document a starting point. Recognize
areas of need, record improvement as the project progresses, and provide
visual aid for improvement plans and alternatives.
· Staff is trained on issues related to each specific project and the clients
expectations are conveyed to crews.
· Each staff member responsible for the project is cross trained in all tasks so ill
calls and vacations are covered. This ensures consistency of quality
throughout the project.
NEW PROJECT MANAGEMENT
· The owner of Excel Landscape is involved in the day-to-day operations.
· Each project is managed by a project manager and a supervisor.
· Project sites are routinely inspected and a punch list is generated.
· The punch list is discussed with the appropriate staff, along with a location
map and completion date expectation.
· The project manager and supervisor are responsible for ensuring the punch
list is completed, quality is consistent, and work is done according to
company and City required standards.
· All projects are reviewed by our water auditor to review utility use. This
information is used to develop a water budget for all metered areas to
ensure efficient use. Staff then read the meters and track the water use on a
monthly basis. An improvement plan is developed and discussed with the
client for any area that does not meet the calculated budget expectation.
· Excel employs their own mechanics to ensure vehicles and equipment are
serviced, maintained, and function appropriately.
CURRENT PROJECT MANAGEMENT
349
24
· Office staff is available Monday through Friday from 7:00 a.m. to 4:30 p.m.
· The same phone is answered 24 hours a day to handle emergency
situations.
· Office staff maintains cellular contact with all personnel to provide quick
and efficient communication.
· We maintain a service yard very close to the City to expedite response time.
· We have a Project Manager, (1) Supervisors, (1) Foreman and (1) Irrigation
Technician all with separate vehicles that are in close proximity to the city
that could respond immediately to any emergency or natural disaster dur-
ing business hours.
· After hours (1) individual is on call to address any emergency 24 hours a day
7 days per week.
EMERGENCY RESPONSE
· Excel Landscape considers safety the number one issue.
· We have bi-weekly tailgate meetings in which safety is the focus. All
employees are trained in-house by our own “experts in their field”. This
includes PCA, QAL, QAC, Irrigation Auditors and Irrigation Managers.
· These meetings are scheduled and topics such as OSHA safety standards,
Industry techniques, irrigation practices and new technology are
discussed.
· Items are decided by our management team at one of their training
meetings. Topics are chosen and scheduled for a year at a time, but may
be adjusted as needs or regulations arise.
· All managers are required to attend outside training sessions to keep all
licenses and certificates current.
· Each employee is trained with the information appropriate to their skill level.
Employees are trained on each piece of equipment as to appropriate use,
safety precautions and maintenance.
· We employ our own mechanics to assure proper maintenance intervals on
all equipment from weed eaters to tractors to trucks and trailers. This level of
detail is crucial to insure all equipment is running at peak level.
· Each truck has a yellow beacon on the roof that is in operation each time
the truck is stopped.
· They also have signs and cones for use in high traffic areas. The cones are
used each time the truck is parked. The signs are used while working in the
median at the start of the median and cones placed along the curb at 60’
intervals throughout the work area. Each service yard has a sign board for
use when a lane closure is needed.
SAFETY PLAN
350
25
BANK & BONDING LETTERS
351
26
June 28th 2023
352
27
October 26th 2023
353
28
354
29
March 7, 2024
City of Palm Desert
73510 Fred Waring Dr.
Palm Desert, CA 92260-2578
Re: Compliance with California Air Resources Board Regulation
Dear Evaluation Committee,
Excel Landscape has applied for the certificate of reported compliance. Our DOORS ID # is 239350. We are currently in the
process of obtaining all of our fleet information. We are not sure of the time line required to complete this process.
If you have any questions please do not hesitate to contact us.
Respectfully,
Jose Alfaro
Jose Alfaro, President
355
Jason Alfaro
24155 Adams Ave., Murrieta, CA, (909) 208-9269
OBJECTIVE:
To continue to grow Excel Landscape as a company that our customers can depend on
to provide quality landscape service and build long-lasting relationships with all of our
customers.
EDUCATION:
September 1995 - Murrieta Valley High School
June 1998
August 1998 - Mount San Jacinto Collage
June 1999
September 2008 - UCR Extension
December 2009 Turf Management Certificate Program
EXPERIENCE:
May 2004 - EXCEL LANDSCAPE, Corona, Ca.
Present Project Manager
July 1999 - The Image Zone, Murrieta, Ca.
May 2004 Graphic Designer / Printing press operator
PROFESSIONAL CERTIFICATES:
C27, C61/D49 California Contractors License
Q.A.L. Qualified Applicator License
Q.W.E.L Qualified Water Efficient Landscaper
C.W.M CLCA Certified Water Manager
C.I.A. IA Certified Water Auditor
REFERENCES:
Available upon request.
356
72500.00001\31720165.3
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-1- PALM DESERT HOUSING AUTHORITY
LANDSCAPE MAINTENANCE AREA
NO. 3
MAINTENANCE SERVICES
AGREEMENT
PALM DESERT HOUSING AUTHORITY
MAINTENANCE SERVICES AGREEMENT
LANDSCAPE MAINTENANCE AREA NO. 3
Project No. MLS00010
Contract No. __________
1. PARTIES AND DATE.
This Agreement is made and entered into this 23RD day of MAY, 2024 by and between the
Palm Desert Housing Authority, organized under the laws of the State of California with its
principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578,
County of Riverside, State of California (“Authority”) and EXCEL LANDSCAPE, INC., a
CORPORATION with its principal place of business at 1185 MAGNOLIA AVENUE, SUITE E400,
CORONA, CALIFORNIA 92879 (“Contractor”). Authority and Contractor are sometimes
individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the Authority on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing landscape maintenance
services to public clients, that it and its employees or subcontractors have all necessary licenses
and permits to perform the Services in the State of California, and that is familiar with the plans
of Authority. Contractor shall not subcontract any portion of the work required by this Agreement,
except as expressly stated herein, without prior written approval of Authority. Subcontracts, if
any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
Authority desires to engage Contractor to render such services for the PALM DESERT
HOUSING AUTHORITY LANDSCAPE MAINTENANCE project (“Project”) as set forth in this
Agreement.
3. TERMS.
3.1Scope of Services and Term.
3.1.1General Scope of Services. Contractor promises and agrees to furnish to the
AUTHORITY all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional landscape maintenance services
necessary for the Project (“Services”). The Services are more particularly described in Exhibit
“A” attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2Term. The term of this Agreement shall be from July 1, 2024 to June 30,
2027, unless earlier terminated as provided herein. The Authority shall have the unilateral option,
at its sole discretion, to renew this Agreement automatically for no more than two (2) additional
one-year terms. The contractor shall provide services within the term of this Agreement, and shall
meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
3.1.3Incorporation of Documents. The following documents shall be referred to
collectively as the "Contract Documents," each of which is incorporated into and made part of this
Agreement by reference, including all exhibits, drawings, specifications and documents therein,
and attachments and addenda thereto:
Maintenance Services Agreement
357
72500.00001\31720165.3
77802.00000\31832813.1
-2- PALM DESERT HOUSING AUTHORITY
LANDSCAPE MAINTENANCE AREA
NO. 3
MAINTENANCE SERVICES
AGREEMENT
Scope of Services (Exhibit “A”)
Schedule of Services (Exhibit “B”)
Compensation (Exhibit “C”)
Performance and Payment Bond (Exhibit “D”)
Special Provisions (Exhibit “E”)
Frequency Legend and Schedule (Exhibit “F”)
Addenda, if any
Change Orders executed by the Authority
Latest Edition of the Standard Specifications for Public Works Construction
(The Greenbook),
The Notice Inviting Proposals
The Instructions Proposals,
Contractor’s Cost Proposal
All Exhibits attached hereto to this Agreement and incorporated herein by this
reference
3.1.4 Precedence. To the extent there is a conflict between any portions of this
Contract, the order of precedence shall be as follows: change orders, special conditions, technical
specifications, plans/construction drawings, general contract terms, scope of work, standard
plans, advertisements for bid/proposals, bids/proposals or other documents submitted by
Contractor.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. Authority retains Contractor on an independent contractor basis and not as an
employee. Contractor retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Contractor shall also not be employees of Authority and shall at all times
be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries,
and other amounts due such personnel in connection with their performance of Services under
this Agreement and as required by law. Contractor shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it
has the professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Contractor’s conformance with the Schedule, Authority
shall respond to Contractor’s submittals in a timely manner. Upon request of Authority, Contractor
shall provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of Authority.
3.2.4 Authority’s Representative. The Authority hereby designates Authority’s Property
Manager,
358
72500.00001\31720165.3
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-3- PALM DESERT HOUSING AUTHORITY
LANDSCAPE MAINTENANCE AREA
NO. 3
MAINTENANCE SERVICES
AGREEMENT
Falkenberg/Gilliam & Associates, Cyndi Karp or his or her designee, to act as its representative
for the performance of this Agreement. Authority’s Representative shall have the power to act
on behalf of the Authority for all purposes under this Agreement. Contractor shall not accept
direction or orders from any person other than the Authority’ Representative or his or her
designee.
3.2.5 Contractor’s Representative. Contractor hereby designates JOSE
ALFARO, PRESIDENT or his or her designee, to act as its representative for the performance of
this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement
and all communications given to the Contractor’s Representative shall be as binding as if given
to the Contractor. The Contractor’s Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement. The Contractor’s Representative shall be present on the work site at all
times as required to perform adequate supervision and coordination of the work. Contractor shall
not change its Contractor’s Representative without written approval of Engineer.
3.2.6 Coordination of Services. Contractor agrees to work closely with Authority
staff in the performance of Services and shall be available to Authority’s staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City of Palm Desert (“City”) Business License, and that such licenses and approvals
shall be maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Contractor shall perform, at its own cost and expense and without
reimbursement from the Authority, any services necessary to correct errors or omissions which
are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the Authority to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the Authority, shall be promptly removed from the Project by the
Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance Contractor shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Contractor shall perform the Services in strict accordance with any completion schedule or Project
milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately
in writing to the Contractor. Contractor agrees that if the Services are not completed within the
aforementioned Performance Time and/or pursuant to any such completion schedule or Project
milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged
and agreed that the Authority will suffer damage. .
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contr act,
Contractor shall continue to perform the Work while said dispute is decided by the Authority. If
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Contractor disputes the Authority’s decision, Contractor shall have such remedies as may be
provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with Services. If the Contractor performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the Authority, Contractor shall be solely responsible for all costs arising therefrom.
Authority is a public entity of the State of California subject to certain provisions of the Health &
Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Agreement to the same extent as though set forth herein and will be
complied with. These include but are not limited to the payment of prevailing wages, the
stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall
be permitted to work in excess of eight (8) hours during any one calendar day except as permitted
by law. Contractor shall defend, indemnify and hold City and/or Authority, and their officials,
directors, officers, employees and agents free and harmless pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure
to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to,
the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement, and shall not violate any
such law at any time during the term of the Agreement. Contractor shall avoid any violation of
any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Contractor shall maintain records of each such verification, and
shall make them available to the Authority or its representatives for inspec tion and copy at any
time during normal business hours. The Authority shall not be responsible for any costs or
expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10
or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and
Consultants. To the same extent and under the same conditions as Contractor, Contractor shall
require all of its subcontractors, sub-subcontractors and consultants performing any work relating
to the Project or this Agreement to make the same verifications and comply with all requirements
and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the Authority t o
terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-
subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such
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requirements (including in those verifications provided to the Contractor under Section 3.2.10.2);
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is
an equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall also comply with all relevant provisions of City’s Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City and
Authority against any fines or penalties imposed by CARB or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City of Palm Desert’s ordinances regulating discharges of storm water; and
any and all regulations, policies, or permits issued pursuant to any such authority regulating the
discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to
any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or Authority to penalties, fines, or additional regulatory requirements. Contractor shall
defend, indemnify and hold the City, Authority, City and/or Authority, and their officials, directors,
officers, employees, volunteers and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from and against any and all fines, penalties, claims or other
regulatory requirements imposed as a result of Contractor’s non-compliance with the laws,
regulations and policies described in this Section, unless such non-compliance is the result of the
sole established negligence, willful misconduct or active negligence of the City, Authority and their
officials officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
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subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in this
Section. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by Authority, regarding the requirements of the laws, regulations
and policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, Authority will provide Contractor with a list of training programs that
meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s
indemnification of Authority, and prior to commencement of Work, Contractor shall obtain, provide
and maintain at its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form that is satisfactory to Authority. The Authority’s
Risk Manager may modify this requirement if it is determined that the Contractor will not be
utilizing a vehicle in the performance of his/her duties under this Agreement.
(A) General Liability Insurance. Contractor shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Contractor arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The Authority’s Risk Manager may modify this requirement if it is determined that
Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement.
(C) Umbrella or Excess Liability Insurance. Contractor may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer’s liability. Such policy or policies shall include the following terms
and conditions:
(a) A drop down feature requiring the policy to
respond if any primary insurance that would otherwise have applied proves to be uncollectible in
whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with
primary policies; and
(d) Policies shall “follow form” to the
underlying primary policies.
(e) Insureds under primary policies shall also
be insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000). Contractor shall submit to Authority, along with the certificate
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of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, Palm
Desert Housing Authority, and their officers, agents, employees and volunteers.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to Authority as evidence of the insurance coverage required herein, along with a waiver
of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements
must be approved by Authority’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with Authority at all times during the term of this
contract. Authority reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coverage. Contractor shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Work
hereunder by Contractor, his/her agents, representatives, employees or subconsultants.
(C) Primary/Non-Contributing. Coverage provided by
Contractor shall be primary and any insurance or self-insurance procured or maintained by
Authority shall not be required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall also apply
on a primary and non-contributory basis for the benefit of Authority before the Authority’s own
insurance or self-insurance shall be called upon to protect it as a named insured.
(D) Authority’s Rights of Enforcement. In the event any policy
of insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, Authority has the right, but not the duty, to obtain the insurance it
deems necessary and any premium paid by Authority will be promptly reimbursed by Contractor,
or Authority will withhold amounts sufficient to pay premium from Contractor payments. In the
alternative, Authority may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise
approved by the Authority’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City
of Palm Desert, Authority, and their elected or appointed officers, agents, officials, employees and
volunteers, or shall specifically allow Contractor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City of Palm Desert, Authority, and their
elected or appointed officers, agents, officials, employees and volunteers and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
(G) Enforcement of Contract Provisions (non estoppel).
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Authority
to inform Contractor of non-compliance with any requirement imposes no additional obligations
on the Authority nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
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Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher limits than the
minimums shown above, the Authority requires and shall be entitled to coverage for the higher
limits maintained by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the Authority.
(I) Notice of Cancellation. Contractor agrees to oblige its
insurance agent or broker and insurers to provide to Authority with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City of Palm Desert, Palm Desert Housing Authority and their officers, officials,
employees, agents, and volunteers shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coverage Limitations. None of
the coverages required herein will be in compliance with these requirements if they inclu de any
limiting endorsement of any kind that has not been first submitted to Authority and approved of in
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer’s
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Through Clause. Contractor agrees to ensure that its
sub-consultants, sub-contractors, and any other party involved with the project who is brought
onto or involved in the project by Contractor, provide the same minimum insurance coverage and
endorsements required of Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all agreements with
consultants, subcontractors, and others engaged in the project will be submitted to Authority for
review.
(N) Authority’s Right to Revise Specifications. The Authority or
its Risk Manager reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Contractor ninety (90) days advance
written notice of such change. If such change results in substantial additional cost to the
Contractor, the Authority and Contractor may renegotiate Contractor’s compensation. If the
Authority reduces the insurance requirements, the change shall go into effect immediately and
require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by Authority. Authority reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by Authority.
(P) Timely Notice of Claims. Contractor shall give Authority
prompt and timely notice of claims made or suits instituted that arise out of or result from
Contractor’s performance under this Agreement, and that involve or may involve coverage under
any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
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3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by Authority in Exhibit “D” attached hereto and incorporated herein by reference,
Contractor shall execute and provide to Authority concurrently with this Agreement a Performance
Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in
a form provided or approved by the Authority. If such bond is required, no payment will be made
to Contractor until it has been received and approved by the Authority.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by Authority in Exhibit “D” attached hereto and incorporated herein by reference,
Contractor shall execute and provide to Authority concurrently with this Agreement a Payment
Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in
a form provided or approved by the Authority. If such bond is required, no payment will be made
to Contractor until it has been received and approved by the Authority.
3.2.13.3 Bond Provisions. Should, in Authority’s sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace
the affected bond within 10 days of receiving notice from Authority. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the Authority, and Contractor shall post acceptable replacement bonds at
least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed
due or will be made under this Agreement until any replacement bonds required by this Section
are accepted by the Authority. To the extent, if any, that the total compensation is increased in
accordance with the Agreement, the Contractor shall, upon request of the Authority, cause the
amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence
of such increase to the Authority. To the extent available, the bonds shall further provide that no
change or alteration of the Agreement (including, without limitation, an increase in the total
compensation, as referred to above), extensions of time, or modifications of the time, terms, or
conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish
any required bond, the Authority may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII
and satisfactory to the Authority. If a California-admitted surety insurer issuing bonds does not
meet these requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
Authority.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
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shall be clearly identifiable. Contractor shall allow a representative of Authority during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Site.
3.2.15.1 Contract Documents. The Contractor shall carefully study and
compare the Contract Documents with each other and with information available to the Contractor
and furnished by the Authority and shall immediately notify the Engineer of errors, inconsistencies
or omissions discovered. If the Contractor performs any maintenance activity knowing it involves
a recognized error, inconsistency or omission in the Contract Documents without notice to the
Engineer, the Contractor shall assume appropriate responsibility for such performance and shall
assume responsibility for the full costs for correction.
3.2.15.2 Inspection Of Site. Contractor shall visit sites where Services
are to be performed and shall become acquainted with all conditions affecting the Services prior
to commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface
improvements. No claim for allowances–time or money–will be allowed as to such matters after
commencement of the Services.
3.2.15.3 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract Documents, including any
plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or
omissions discovered shall be reported to the Authority immediately and prior to performing any
Services or altering the condition.
3.2.15.4 Hazardous Materials and Differing Conditions. Except as set
forth in the Special Conditions or Specifications, should Contractor encounter material reasonably
believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substance and
hazardous materials as defined in California state or federal law at the Site which have not been
rendered harmless, the Contractor shall immediately stop work at the affected area and shall
report the condition to the Authority in writing. The Authority shall contract for any services
required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and
hazardous materials, and shall not require the Contractor to subcontract for such services. The
Services in the affected area shall not thereafter be resumed except by written agreement of the
Authority and Contractor.
3.2.15.5 Palm Desert Housing Authority Property. Where Services are
performed on Authority property:
(A) Contractor acknowledges that the Authority provides forty-
eight (48) hours-notice in advance of the start of any work that is to occur at any residential unit.
Contractor shall provide sufficient notice to the Authority before beginning any such work so that
the Authority may provide timely notice to residents.
(B) Pedestrian paths of travel must be maintained free of
obstructions and hazardous conditions, except where the condition is necessary for completion
of the work. To the extent any portion of the work requires obstructing pedestrian paths of travel,
the work shall be performed so as to minimize the extent of the obstruction. Where Contractor’s
operations may create hazardous conditions to pedestrian paths of travel, appropriate signing
and barricades shall be installed to safely route pedestrians around the impacted area. The
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Authority shall be given at least 48 hours-notice prior to the creation of any condition affecting
pedestrian paths of travel.
(C) Contractor shall remove at its own expense all rubbish and
waste materials resulting from its operations, including any material that may fall in swimming
pools, lagoons, or other water features. If on private property, Contractor must obtain permission
from the property owner prior to removing debris. All debris must be removed before the end of
the day unless otherwise directed by Authority.
(D) Authority may issue an immediate order to Contractor to
stop performing work until adequate notice may be provided to residents. Any stoppage,
suspension, or delay in the Work resulting from Contractor’s failure to provide adequate notice to
Authority shall not be a basis for any adjustment to the Agreement price or the Agreement time.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by Authority.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which
for purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period
of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the Authority of any defect in the Services or
non-conformance of the Services to the Agreement, commence and prosecute with due diligence
all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor
shall act sooner as requested by the Authority in response to an emergency. In addition,
Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work
of other contractors) damaged by its defective Services or which becomes damaged in the course
of repairing or replacing defective work. For any work so corrected, Contractor’s obligation
hereunder to correct defective work shall be reinstated for an additional one year period,
commencing with the date of acceptance of such corrected work. Contractor shall perform such
tests as the Authority may require to verify that any corrective actions, including, without limitation,
redesign, repairs, and replacements comply with the requirements of the Agreement. All costs
associated with such corrective actions and testing, including the removal, replacement, and
reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility
of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers
with respect to any portion of the work, whether express or implied, are deemed to be obtained
by Contractor for the benefit of the Authority, regardless of whether or not such warranties and
guarantees have been transferred or assigned to the Authority by separate agreement and
Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
Authority. In the event that Contractor fails to perform its obligations under this Section, or under
any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the
Authority, the Authority shall have the right to correct and replace any defective or non-conforming
work and any work damaged by such work or the replacement or correction thereof at Contractor's
sole expense. Contractor shall be obligated to fully reimburse the Authority for any expenses
incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
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in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed FOUR HUNDRED EIGHTEEN THOUSAND SIX HUNDRED EIGHTY DOLLARS
($418,680.00) without written approval of Authority’s Executive Director or its designee. Extra
Work may be authorized, as described below, and if authorized, will be compensated at the rates
and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to Authority a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. Authority shall, within thirty (30) days of receiving such
statement, review the statement and pay all approved charges thereon. Contractor shall pay all
subcontractors for and on account of work performed by such subcontractors in accordance with
the terms of their respective subcontracts and as provided for in Section 7108.5 of the California
Business and Professions Code. Such payments to subcontractors shall be based on the
measurements and estimates made and progress payments provided to Contractor pursuant to
this Agreement.
3.3.3 Deductions. Authority may deduct or withhold, as applicable, from each
progress payment an amount necessary to protect Authority from loss because of: (1) stop
payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by
Contractor; (3) sums representing expenses, losses, or damages as determined by the Authority,
incurred by the Authority for which Contractor is liable under the Agreement; and (4) any other
sums which the Authority is entitled to recover from Contractor under the terms of the Agreement
or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the
Authority to deduct any of these sums from a progress payment shall not constitute a waiver of
the Authority's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by Authority.
3.3.5 Extra Work. At any time during the term of this Agreement, Authority may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which
is determined by Authority to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from Authority’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Authority
shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Contractor shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Contractor’s principal
place of business and at the project site. Contractor shall defend, indemnify and hold the City,
Authority, and their elected officials, officers, employees and agents free and harmless from any
claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all
California Labor Code provisions, which include but are not limited to prevailing wages (Labor
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Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5),
certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section
1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner
under Labor Code section 1771.4 shall not apply to work performed on a public works project that
is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000
or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. I t shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code
Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is
exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and
1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or
any subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the Authority.
Contractor shall defend, indemnify and hold the City, Authority, and their officials, officers,
employees and agents free and harmless from any claim or liability arising out of stop orders
issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement; Temporary Suspension of Work
3.4.1 Grounds for Termination. Authority may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those services which have been adequately rendered to Authority, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
Authority may require Contractor to provide all finished or unfinished documents and data and
other information of any kind prepared by Contractor in connection with the performance of
Services under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, Authority may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.4.4 Temporary Suspension of Work. The Authority may order the Contractor
to suspend the work on the project, wholly or in part, for such period of time as he may deem
necessary due to unsuitable weather or to such other conditions as may be considered
unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary
due to the failure of the Contractor to carry out orders given or to perform any provision of the
contract. The Contractor shall immediately comply with the order of the Authority to suspend the
work, wholly or in part, as the order may provide. Work shall be resumed when conditions are
favorable or when the methods have been corrected, as ordered or approved in writing by the
Authority.
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3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
Excel Landscape, Inc.
1185 Magnolia Avenue, Suite E400
Corona, CA 92879
Attn: Jose Alfaro
Authority:
Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Jessica Gonzalez
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, Authority, and their officials, employees,
agents and authorized volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the
allegations are false, fraudulent, or groundless, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors
or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Contractor’s services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the
extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to
liability for damages for death or bodily injury to persons, injury to property, or any other loss,
damage or expense arising from the sole or active negligence or willful misconduct of the Authority
or Authority’s agents, servants, or independent contractors who are directly responsible to the or
Authority.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of Authority’s choosing and at Contractor’s own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City, Authority or their officials,
employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City, Authority or their officials,
employees, agents and authorized volunteers as part of any such claim, suit, action or other
proceeding. Contractor shall also reimburse Authority for the cost of any settlement paid by City,
Authority or their officials, employees, agents and authorized volunteers as part of any such claim,
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suit, action or other proceeding. Such reimbursement shall include payment for Authority’s
attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City,
Authority and their officials, employees, agents and authorized volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by the City,
Authority, or their officials, employees, agents and authorized volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the Authority. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the
Authority.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 Authority’s Right to Employ Other Contractors. Authority reserves right to
employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the Authority. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement shall
be construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City or Authority include its elected officials, officers, employees, agents, and volunteers except
as otherwise specified in this Agreement. The captions of the various articles and paragraphs
are for convenience and ease of reference only, and do not define, limit, augment, or describe
the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
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3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the Authority’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, Authority shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
Authority, during the term of his or her service with Authority, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.18 Anti-Trust Claims. This provision shall be operative if this Agreement is
applicable to California Public Contract Code Section 7103.5. In entering into this Agreement to
supply goods, services or materials, Contractor hereby offers and agrees to assign to the
Authority all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with
Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from
purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be
made and become effective at the time the Authority tender final payment to Contractor, without
further acknowledgment by the Parties.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE PALM DESERT HOUSING AUTHORITY
AND EXCEL LANDSCAPE, INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 13th day of June, 2024.
PALM DESERT HOUSING AUTHORITY
By:
L. Todd Hileman
Executive Director
ATTEST:
By:
Authority Secretary
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
Authority Attorney
NAME OF CONTRACTOR
By:
Its: President
Printed Name: Jose Alfaro
By:
Its: Vice President
Printed Name: Marty Fox
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number (if applicable)
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EXHIBIT “A”
CONTRACT SITES AND SCOPE OF WORK
1.1 One Quail Place Apartments, 72-600 Fred Waring Drive. There are 384 rental units
at this property.
1.2 Las Serenas Apartments, 73-315 Country Club Drive. There are 150 units at this
property.
1.3 California Villas Apartments, 77-107 California Drive. There are 141 units at this
property.
1.4 Catalina Garden Apartments, 73-600 Catalina Way. There are 72 units at this
property. Maintenance also includes the Community areas between Catalina Gardens and
Pueblos.
1.5 Desert Pointe Apartments, 43-805 Monterey Avenue. There are 64 units at this
property.
1.6 Laguna Palms Apartments, 73-875 Santa Rosa Way. There are 48 units at this
property.
1.7 Neighbors Apartments, 73-535 Santa Rosa Way. There are 24 units at this property..
1.8 The Pueblos Apartments, 73-695 Santa Rosa Way. There are 15 units at this
property.
1.9 Taos Palms Apartments, 44-830 Las Palmas Avenue. There are 16 units at this
property.
1.10 Candlewood Apartments, 74-000 & 74-002 Shadow Mountain Drive. There are 30
units at this property. Maintenance also includes adjacent vacant lot and perimeter.
1.11 Palm Village Apartments, 73-560 Santa Rosa Way. There are 36 units at this
property.
1.12 Sagecrest Apartments, 73-775, 73-805, and 73-811 Santa Rosa Way. There are 14
units at this property. Maintenance also includes adjacent vacant lot.
1.13 La Rocca Villas, Assessor parcel 624-432-001 also known as 42-135 and 42-205
Golden Eagle Lane. There are 27 units at this location. Maintenance also includes adjacent
vacant lot.
1.14 Carlos Ortega Villas, 77-915 Avenue of the States. There are 72 units at this
property.
1.15 Santa Rosa, 73-625 Santa Rosa Way. There are 20 units at this property.
2. SCOPE OF WORK
2.1 The work to be done consists of furnishing all labor, materials, necessary tools and
machinery, supervision, and all utility and transportation services required to provide landscape
maintenance services for Palm Desert Housing Authority Landscape Maintenance in
accordance with the Contract Documents.
2.2 Contractor shall provide the necessary manpower and equipment to maintain the
areas listed in the specified locations, at the level of maintenance and service defined by
Authority. The work shall include, but is not limited to, proper horticultural practices, as defined
in the City of Palm Desert Landscape Maintenance Manual, maintenance of all landscape
materials and hardscape structures as designated in the following specifications and per the
Frequency Schedule.
2.3 Contractor shall provide appropriate equipment and labor for the execution of all
maintenance activities. Authority reserves the right to inspect and/or approve any equipment
used in this contract. If Authority deems the equipment to be in disrepair or inappropriate to the
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task at hand, Authority may require that the equipment be removed from the job site and
replaced with a different piece of equipment.
2.4 Contractor shall adhere to Palm Desert Municipal Code Chapter 9.24.075 regarding
noise sources and hours of property maintenance activity.
2.5Contractor shall provide personnel fully trained in all phases of landscape
maintenance, tree maintenance, and irrigation maintenance and operation. Contractor shall
provide personnel capable of effective verbal communication with Authority representatives. If
Authority deems personnel to be inadequate to accomplish the task at hand, Authority may
require that the personnel be removed from the job site and replaced with personnel
demonstrating the appropriate level of job knowledge, skills, and verbal communication to
effectively accomplish the work.
2.6 Prior to commencement of the contract, designated Authority representative(s) and
the Contractor will perform a mandatory acceptance walk -through inspection of the contract
area. Authority may utilize a third-party property manager as its agent and/or representative to
act on its behalf with respect to the landscape contract. Contractor shall meet with the property
manager weekly or with a frequency acceptable to the Authority for the duration of the contract
term. It is Contractor’s responsibility to identify to Authority unacceptable conditions with plant
material, trees, and/or irrigation systems at the time of the walk -through. At Authority’s
discretion, unacceptable conditions may be resolved with the current (outgoing) contractor or
with the successor Contractor on a “one-time only, extra-work” basis. After such corrections are
made, the successor Contractor will be responsible for all contractual services.
2.7 Contractor shall replace, at no additional cost to Authority for labor or materials, any
plant or tree that dies beginning 30 days from commencement of the contract throughout the
term of the contract, if such plant or tree demise is due to neglect, lack of maintenance, or
otherwise improper care.
2.8 Contractor shall remove debris caused by all maintenance activities, including
pruning and tree maintenance, on the same working day that such debris is accumulated.
2.9 Contractor shall provide the labor and equipment for the application of fertilizers and
fertilizers with pre-emergent and post-emergent. Fertilizers with pre-emergent and post-
emergent will be supplied by Contractor and reimbursed by the Authority at actual cost plus
15% mark-up. Authority reserves the right to purchase Standard fertilizer.
The application of fungicides will be performed outside the scope of this contract.
2.9 Monthly reports for irrigation, green waste and pesticide application shall be
submitted no later than the first Monday of each month, for the preceding month. Monthly
payments will not be processed until all required reports are received.
2.9.1 The Irrigation Monthly Report shall include, but not necessarily be limited
to, the following: date, irrigation technician identification, site identification, controller and valve
identification, description of service and/or repair, statement of plant material condition as relates
to water needs, and a section for general notes or comments.
2.9.2 The Green Waste Monthly Report submittal shall include the green waste
facility tipping ticket. The tipping ticket shall be clearly legible and shall contain the name and
address of the waste facility, the weight, and the Authority’s name.
2.9.3 The Pesticide Application Monthly Report shall consist of a copy of the
monthly report submitted to the Riverside County Agricultural Commissioner or, in the case of no
pesticide applications made, a statement to that effect in the form of a letter or memorandum to
Authority.
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3. SPECIFIC SERVICES TO BE PERFORMED
3.1 Plant Litter and Trash Control
3.1.1 Contractor shall remove and appropriately dispose of all plant litter (broken
branches, broken limbs, excessive leaf-drop); trash and/or paper, cans, bottles, broken glass; dog
droppings and any other out-of-place or discarded items. Plant litter includes plant debris caused
by extreme temperatures or high winds.
3.1.2 Where trash cans are present, Contractor shall remove and dispose of their
contents and replace the liners (Authority may provide trash bags, or if provided by Contractor,
bill at cost plus 15%). Contractor shall wipe surfaces clean with a non-toxic cleaning solution.
3.2 Pest Control
3.2.1 Gophers and ground squirrels will be controlled on an as-needed basis using
Authority-approved traps, within the scope of this contract.
3.2.2 Ants will be controlled on an as-needed basis, and is included in the scope
of the contract. Red Imported Fire ant control is outside the scope of this contract. If Red Imported
Fire ants are encountered the Contractor shall report the discovery to the Authority prior to the
end of the workday.
3.2.3 Contractor shall immediately report any bee activity (swarms or hives)
detected to the Authority. Bee removal is the responsibility of Authority.
3.2.4 Aphids will be chemically controlled on oak trees in parking lots and along
parkways.
3.2.5 Fruit set will be chemically controlled on olive trees. These trees are located
adjacent to parking lots, sidewalks, and hardscape areas designated for pedestrian traffic and
use.
3.2.6 Contractor shall provide control and/or eradication of all weeds, as needed.
Areas to be weeded include: planters, gravel and decomposed granite areas, sidewalks, curbs,
expansion joints, fence lines, drainage areas, cobble areas, bare areas, and the area around
trees.
3.2.7 Mechanical and/or chemical methods of weed control are acceptable for
annual and perennial weeds with the exception of Bermuda grass, nutsedge, and bindweed,
which shall be controlled by chemical means only.
3.2.8 Contractor shall remove any debris generated by the weed control process
after weeds have been sprayed and plant death has occurred.
3.2.9 Weeds in turf areas will be managed on an as-needed basis and shall be
considered extra work.
3.2.10 Any recommended chemical treatment and the schedule for its application
must be reviewed and approved in advance by Authority. Authority, at its discretion, may require
from Contractor all Material Safety Data Sheets, pesticide labels, and Pesticide Control Advisor
recommendations for any and all pesticide applications performed. Contractor will be responsible
for the material and labor and perform this work as well for all posting as required by label and
law.
3.3 Plant Maintenance
3.3.1 All plant material in the public right-of-way shall be maintained one foot
behind the curb line and/or sidewalk to allow for the safe passage of vehicles, pedestrians and/or
the general public.
3.3.2 Dead flower stalks shall be pruned from plants at the conclusion of flowering.
If plants (such as agaves) die after flowering, Contractor will remove the entire plant and, if
needed, shall repair the irrigation and backfill the hole. There shall be no dead blossoms, stalks,
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branches or foliage left on an otherwise healthy plant for more than one month, unless otherwise
directed by Authority and/or the contract documents. If off shoots are present, they will be left in
place and irrigation will be adjusted to assure adequate water supply to the offshoots.
3.3.3 Dead or weather-damaged plant material shall be pruned or removed under
direction from Authority within one week of notif ication.
3.3.4 The Authority encourages contractors to familiarize themselves with the City
of Palm Desert’s “Landscape Maintenance Guide” book. The book, intended to serve as a visual
guide to contractors, also provides pruning techniques and a calendar for ideal maintenance
timing. The Authority may at its own discretion alter timelines or techniques and supply additional
reference materials as the Authority deems necessary.
3.3.5 The plant material will be pruned as needed, to keep plant material to scale
based on the planter size, plant species, plant location and for safety purposes. The Authority will
work with the Contractor to determine appropriate size for each plant species. In addition, the
Contractor shall perform a yearly pruning to reduce the size and density of all shrubs and
groundcovers, as directed by the Authority.
3.3.6 Annual color shall include at a minimum 300 flats of 4 inch containers of
annual color. Annuals to be changed in the spring (130 flats) and the fall (170 flats) of the year.
Contractor to purchase, City to approve prior to installation. In the fall, at a minimum of 40 flats
are to be 4 inch geraniums.
3.4 Tree Maintenance
3.4.1 All tree pruning shall be consistent with the current and applicable
International Society of Arboriculture (ISA) guidelines, the American National Standards Institute
(ANSI) standards, the City of Palm Desert's Landscape Maintenance Guidelines book and the
Tree Pruning Ordinance.
3.4.2 Contractor shall perform safety and sucker pruning on all trees (including
palms) eight feet (8) in height and under. All broadleaf and palm tree pruning will be performed
outside this contract. Contractor shall prune fronds, flowers, and seed pods on all palms that
have six (6) feet of brown trunk or less. Authority may request that a Certified Arborist be on site
when Contractor’s staff safety prunes trees.
3.4.3 Tree branches shall be pruned as needed for traffic and pedestrian safety.
Sidewalk clearance will be eight (8) feet and vehicular clearance fourteen (14) feet from grade.
Trees must be maintained at seven (7) feet from playground equipment. Any broken, dead or
detached limb is considered a hazard and upon notice from Authority, Contractor must remove
such limbs by close of business the same day.
3.4.4 Trees broken or damaged as a direct result of storm, wind, accident,
vandalism or structural failure shall be pruned and/or removed, upon Authority’s request to
Contractor, within 24 hours of notification and shall be an extra to this contract. Any debris
blocking roadways or parking areas shall be removed within one hour of notification to Contractor.
Replacement of trees and plants caused by reasons not related to contractual maintenance shall
be reimbursable as an extra cost.
3.5 Turf Maintenance – General
3.5.1 All turf areas must be mowed in a manner that provides for the adequate and
safe use of each facility for its intended purpose.
3.5.2 Bermuda grass will be mowed at ¾” height during the active-growth period.
3.5.3 Rye grass will be mowed at 1” height starting with its first cut after over -
seeding and continuing until spring when the Bermuda grass becomes active.
3.5.4 All turf areas will be mowed weekly and may be mowed with rotary mowers;
however, if Authority deems that the finished turf surface is irregular, aesthetically unacceptable,
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or if it creates a potential public safety issue, Authority will require the turf area to be mowed with
a reel mower. Excess clippings will be raked, swept and/or vacuumed leaving a regular, clean,
aesthetically acceptable and safe turf surface. Removal of clippings will be at no extra cost to the
Authority.
3.5.5 Detailing and edging of turf shall include chemical and/or mechanical
detailing using a string trimmer or an edger around buildings, sidewalks, mow strips, paved areas,
valve boxes, goal posts, light fixtures, fence lines, walls, along infield edges, behind back-stops,
drainage areas, and bare areas in planters. Only an edger shall be used on, but not be limited to
hardscape areas such as sidewalks and mow strips. All other areas may use an edger or string
trimmer as appropriate and as approved by Authority.
3.5.6 Contractor shall provide the labor and equipment for the application of
fertilizers and fertilizers with pre-emergent(s) and post-emergent(s). Fertilizer and fertilizer with
pre-emergent(s) and post-emergent(s) will be supplied by Contractor. Standard fertilizer may be
supplied by Authority. In the event Contractor supplies standard fertilizer, the Authority will
reimburse Contractor at actual cost plus 15% mark-up. The Contractor shall apply irrigation
immediately following any fertilizer application to effectively wash the product into the soil.
Contractor shall also post notifications as required by the product labeling and law.
3.6 Turf Maintenance – Overseeding
3.6.1 Turf areas designated for over-seeding will be indicated in the Frequency
Schedule. Authority will provide specific dates and times for the over-seeding schedule based on
the use of each facility.
3.6.2 Contractor shall begin lowering the height of the turf during the scheduled
weekly mowing approximately three weeks before the final cut. One week before the final cut,
Contractor will reduce irrigation to the minimum in the turf areas. Contractor shall mow turf to a
height of one-half inch (1/2”) and mower blades shall not be allowed to disturb the soil.
3.6.3 All grass clippings generated from this process will be vacuumed, swept or
raked after each cut.
3.6.4 A light irrigation syringe cycle will be applied before the final cut to keep the
dust levels to a minimum (per Coachella Valley Association of Governments guidelines).
3.6.5 Actual dates for the final mowing will be determined by Authority. Mowing
activities may vary due scheduled activities, condition of turf, and the actual mowing height
needed to ensure seed-to-soil contact. Should Contractor fail to complete mowing or renovations
during weekdays, Contractor shall adjust the schedule to work on Saturdays at no additional cost
to Authority. Advance permission to perform work on Saturdays is required.
3.6.6 The Authority may supply grass seed. However, the Authority may request
that Contractor supply Authority specified grass seed, and be reimbursed at the cost of material
plus an allowable mark-up of fifteen percent (15%). The application rate for the seed shall be no
less than ten (10) pounds per 1,000 square feet. The Contractor shall also spot seed and mulch
as necessary, areas after germination to ensure a well-covered rye stand, at no additional labor
cost as directed by the Authority. The Contractor is to verify and confirm quantity of seed bags
with Authority personnel prior to installation and after seeding task is complete.
3.7 Hardscape, and Decomposed Granite (DG) Planter Areas
3.7.1 Contractor shall remove any sand, gravel, grass, and plant clippings or debris
from all sidewalk and hardscape areas after all maintenance activities or as indicated in the
Frequency Schedule.
3.7.2 Daily sidewalk cleaning shall consist of removing debris from sidewalks by
blowing or sweeping. Carports, basketball courts, tennis courts and all other hardscape areas
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not previously addressed shall consist of removing debris either blown or swept weekly. Blower
throttle to be maintained at the lowest practical setting possible.
3.7.3 Contractor shall rake planter areas. Contractor shall also rake underneath
living plant material, unless directed not to do so by Authority. Slope areas are to be raked
horizontally and not from top to bottom. If existing grade is adversely affected by raking activities,
Contractor shall re-establish an appropriate grade to the satisfaction of Authority.
3.7.4 Using pressure-wash equipment at a minimum pressure rating of 3000 PSI,
Contractor shall pressure-wash playground equipment, monuments and signs, sidewalks, curbs,
gutters, drains, benches, fixtures, drinking fountains, picnic tables and miscellaneous hardscape
fixtures as outlined in the Frequency Schedule. The Contractor shall use, as directed by the
Authority, a scrub brush and a Authority-approved non-toxic biodegradable cleaning agent to
adequately clean the aforementioned items, as deemed acceptable by Authority. Contractor will
also remove any tape, banners, and party supplies from playground shelters and pavilions in
conjunction with the pressure washing duties. This process shall be considered as included in
the contract lump sum bid price, and no additional compensation shall be allowed therefor.
3.7.5 Contractor shall remove litter and debris obstructing spillways and their
associated drain grates. This activity shall take place according to the Frequency Schedule, and
after a rain event as determined by Authority staff.
3.8 Irrigation System Maintenance
3.8.1 The operation, maintenance, and scheduling of all irrigation controllers and
attached sensors shall be the responsibility of Contractor. Contractor will make adjustments to
the controllers, sensor equipment, and schedules based on property microclimates,
evapotranspiration, rain events, and overseeding schedules. Contractor will schedule irrigation to
provide adequate irrigation to plant material while conserving water as much as possible. NOTE:
Irrigation systems currently are not Smart Controllers and wil l require manual adjusting.
3.8.2 All irrigation systems and their individual components shall be kept in
adjustment to ensure proper water coverage and prevent unacceptable conditions such as
insufficient water distribution (plant death), overspray, excessive runoff, and erosion.
3.8.3 Repairs or replacements to the irrigation system shall be made with like parts.
3.8.4 Contractual irrigation system maintenance includes all labor for system
inspections, adjustments, repairs and installations for all system components, in-line irrigation
valves, including internal and electrical components, irrigation wires from the timer to the valve,
and all mainline and lateral line repairs two inches (2”) and smaller in diameter, unless damage
is caused by vandalism. Should vandalism occur, the Contractor is to notify Authority staff
immediately and prior to the repair work. All irrigation rotors, bubblers, emitters, associated
fittings, and valve boxes shall also be included under contractual system maintenance. Any repair
work outside of this scope will be considered extra work and paid accordingly. All parts shall be
provided by the Contractor and will be reimbursed by the Authority at actual cost plus a fifteen
percent (15%) mark-up, unless the replacement is due to damage caused by the Contractor’s
operation, in such case the Contractor shall bear the entire cost. Adjustments, repairs and
installations shall include:
3.8.4.1 Valves: electrically actuated irrigation control valves, quick coupler
valves, end line flush valves, lateral line flush valves, and master valves. All valves will be
checked for proper operation, leaks, and solenoid function and connections (where applicable).
Automatic valves will be activated from the irrigation controller, not from the bleeder valve.
3.8.4.2 The electrical circuit from the irrigation controller to the valve will be
checked for proper operation. Labor cost for the actuators replacement shall be included in the
contract lump sum bid price, and no additional compensation shall be allowed therefor.
3.8.4.3 Filter, filter screen, and filter valve box cleaning.
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3.8.4.4 Lateral lines will be checked for breaks and leaks, and will be
flushed at least yearly and additionally when necessary to ensure proper system performance.
3.8.4.5 Emission device and valve box checks, adjustments, installation,
maintenance and repairs shall include: sprinkler head and valve box height adjustment and
replacement; nozzle spray pattern adjustment; nozzle cleaning and replacement; bubbler head
height adjustment, cleaning, and replacement; tree well repair; and drip emitter cleaning,
replacement, removal and plugging if no plant material is present. Installation of new emitters, or
bubblers, as required to ensure the health of plant material, shall be included in the contract lump
sum bid price and no additional compensation shall be allowed therefor.
3.8.4.6 The Contractor shall perform, at a minimum, a weekly visual
irrigation inspection, within the designated landscape maintenance area, for leaks, dry areas, and
vandalism. Contractor shall take appropriate action to immediately stabilize the system. Such
actions shall be reported to the Authority within twenty-four (24) hours of discovery and
performance of necessary repairs.
3.8.4.7 Contractor shall maintain an adequate supply of irrigation parts
readily available to Contractor’s irrigation technician for making routine repairs of main and lateral
lines two inch (2”) in diameter and smaller without leaving the irrigation site.
3.8.5 Non-contractual irrigation system repairs:
3.8.5.1 No non-contractual work will be initiated without an approved
Authority Work Order.
3.8.5.2 When irrigation system malfunction or damage is detected, the
repair of which is non-contractual in nature, Contractor will flag the location and notify Authority
before the close of business the same work day.
3.8.5.3 Upon receipt of an approved Work Order, repairs to a non-
operational and/or damaged irrigation system shall be completed within 24 hours, or as otherwise
indicated on the Work Order.
3.8.5.4 All repairs deemed non-contractual will be paid on a time-and-
materials basis.
3.8.5.5 Labor will be billed per the rates under the Performance of Extra
Work heading.
3.8.5.6 Materials will be billed at “cost plus 15%” or, at Authority’s
discretion; materials may be supplied to Contractor by Authority.
3.8.5.7 Contractor shall return to Authority all irrigation parts that have been
replaced.
3.8.5.8 Authority will perform regular inspections of irrigation systems to
ensure accuracy of Contractor’s irrigation reports. If discrepancies are found, Authority shall
consider this a performance deficiency.
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EXHIBIT “B”
SCHEDULE OF SERVICES
Contractor to perform scope of work according to schedule listed in Exhibit “F”.
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EXHIBIT “C”
COMPENSATION
$418,680.00 Annually
Not to Exceed $85,000 for Authorized Extra Work Annually
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EXHIBIT “D”
PAYMENT AND PERFORMANCE BONDS
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as
“Authority”) has awarded to ____________________, (hereinafter referred to as the “Contractor”)
_______________________ an agreement for ______________________________
(hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the Authority in the sum of ___________________________ DOLLARS,
($____________), said sum being not less than one hundred percent (100%) of the total amount
of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the Authority, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by Authority, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
Authority from loss or damage resulting from or caused by defective materials or faulty
workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of
Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein
shall limit the Authority’s rights or the Contractor or Surety’s obligations under the Co ntract, law
or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the Authority to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the Authority’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the Authority, and make available as work progresses
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sufficient funds to pay the cost of completion of the Project, less the balance of the
contract price, including other costs and damages for which Surety may be liable.
The term “balance of the contract price” as used in this paragraph shall mean the
total amount payable to Contractor by the Authority under the Contract and any
modification thereto, less any amount previously paid by the Authority to the
Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Authority to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the Authority under the Contract and any
modification thereto, less any amount previously paid by the Authority to the
Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the Authority may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligations in the event of default by the
Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the Authority, when declaring the Contractor in
default, notifies Surety of the Authority’s objection to Contractor’s further participation in the
completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Co ntract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
[SIGNATURE ON NEXT PAGE]
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent
or Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative
for service of process in
California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local
representatives of the bonding company must also be attached.
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PAYMENT BOND
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Palm Desert Housing Authority (hereinafter designated as the
“Authority”), by action taken or a resolution passed ___________ , 20____has awarded to
________________ hereinafter designated as the “Principal,” a contract for the work described
as follows:
_____________________________________________________ (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated __________________ (“Contract Documents”), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the Authority in the penal sum of ______________
Dollars ($___________) lawful money of the United States of
America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by Authority in
such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
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and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or Authority and
original contractor or on the part of any obligee named in such bond, but the sole conditions of
recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has
not been paid the full amount of his claim and that Surety does hereby waive notice of any such
change, extension of time, addition, alteration or modification herein mentioned and the provisions
of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local
representatives of the bonding company must also be attached.
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EXHIBIT “E”
SPECIAL PROVISIONS
1. PRE-COMMENCEMENT CONFERENCE
A pre-commencement conference shall be conducted at the Palm Desert City Hall,
73-510 Fred Waring Drive, Palm Desert, California, 92260 prior to the start of
construction. The job-site foreman or superintendent assigned by the Contractor for this
project shall be present at the Pre-commencement Meeting. The Contractor shall
prepare a tentative maintenance schedule for submission and review at the Pre-
Construction Meeting. The discussion shall include but not be limited to: project
supervision; progress schedules and reports; payments to Contractor; safety; and other
anticipated issues pertinent to the contract.
At this conference, the Contractor shall designate, in writing, a representative who shall
have complete authority to act for the Contractor. An alternate representative may be
designated. The representative or alternate shall be present at the job site whenever
work is in progress or whenever actions of the elements necessitate its presence to take
measures necessary to protect the project, persons, or property. Any order or
communication given to this representative shall be deemed delivered to the Contractor.
In the absence of the Contractor or its designated representative, necessary or
desirable directions or instructions may be given by the Engineer to the superintendent
or person having charge of the specific work to which the order applies. Such order
shall be complied with promptly and referred to the Contractor or its representative.
Those attending the meeting shall include, but not be limited to the following:
1. Contractor
2. City of Palm Desert Department Project Manager
3. Palm Desert Housing Authority Staff
4. Falkenberg/Gilliam & Associates Property Management Staff
5. Pertinent Subcontractor(s)
2. PUBLIC CONVENIENCE
The Contractor shall conduct operations as to offer the least pos sible obstruction and
inconvenience to the public and shall have under active maintenance no greater length
or amount of work then can be prosecuted properly with due regard to the rights of the
public. Contractor must obey Housing directives.
Pedestrian paths of travel must be maintained free of obstructions and hazardous
conditions, except where the condition is necessary for completion of the work. To the
extent any portion of the work requires obstructing pedestrian paths of travel, the work
shall be performed so as to minimize the extent of the obstruction. Where Contractor’s
operations may create hazardous conditions to pedestrian paths of travel, appropriate
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signing and barricades shall be installed to safely route pedestrians around the impacted
area.
3. HOURS OF WORK
Unless otherwise approved by Authority, Contractor shall not work outside the
established hours of operation under this contract:
May 1 through September 30
Weekdays (MTWTF): 6:00 AM to 7:00 PM
Weekends (Saturday): *8:00 AM to 5:00 PM
Weekends (Sunday): No Work
Government Code Holidays: No Work
October 1 through April 30
Weekdays (MTWTF): 7:00 AM to 5:30 PM
Weekends (Saturday): *8:00 AM to 5:00 PM
Weekends (Sunday): No Work
Government Code Holidays: No Work
Contractor may ONLY use or operate any motorized equipment within the hours
specified by Palm Desert Municipal Code 9.24.075.
*Work is permitted on Saturdays only with prior approval by Authority or its agent.
Work is not permitted on Sundays and during Authority holida ys.
Failure to observe these work hours may result in a citation being issued to the offenders
by the police department. (Emergency work directed by Authority is not held to these
restrictions.)
Contractor shall provide twenty-four- (24) hour emergency service, with prompt
correction of mitigation of emergency damage, when notified of an occurrence. An
emergency that is causing a hazard to the public or property must be responded to
within one-half (½) hour. Failure to do so may result in monetary deductions from the
monthly billing. Response to emergency service shall be paid at the contract rate for
additional work. Work should be limited to the level required to mitigate an emergency
and further repairs shall be completed during normal working hours.
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4. UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by
UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the
Contractor with the precise locations of their substructures in the construction area
when the Contractor gives at least 48-hours’ notice to the Underground Service Alert by
calling 1-800-227-2600. The location and existence of utilities and improvements shown
on the plans are approximate and taken from available records. T he Contractor shall
verify the location of existing improvements and shall take all precautions to protect
them whether shown or not.
The Contractor shall notify the following agencies at least 48 hours in advance of
excavating around any of their structures. The utility companies listed below can be
contacted as indicated. It shall be the responsibility of the Contractor to coordinate all
phases of construction with the various utility companies involved.
1. The Gas Company
Protection of existing facilities by Contractor.
1981 West Lugonia Avenue
Redlands, CA 92374
Contact: Michael Jacob
Tel: (909) 335-7755
Fax: (909) 335-7527
mgjacob@semprautilities.com
2. Southern California Edison Company (SCE)
Protection of existing facilities by Contractor.
Adjustment or relocation of facilities as shown on the plans by SCE.
36-100 Cathedral Canyon Drive
Cathedral City, CA 92234
Contact: Jeffery Goad
Tel: (760) 202-4221
Fax: (760) 202-4294
Jeffrey.goad@sce.com
3. Verizon
Protection of existing facilities by Contractor.
Adjustment or relocation of facilities as shown on the plans by Verizon.
295 N. Sunrise Way
Palm Springs, CA 92262
Contact: Larry Moore
Tel: 760-778-3603
Fax: 760-325-2536
4. Coachella Valley Water District
Protection of existing facilities.
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Adjustment or relocation of facilities by the Contractor.
P.O. Box 1058
Coachella, CA 92236
Contact: Tyler Hull
Tel: 760-398-2651
Fax: 760-398-3711
thull@cvwd.org
5. Time-Warner Cable
Protection of existing facilities by Contractor.
Adjustment or relocation of facilities as shown on the plans by Time Warner
83473 Avenue 45
Indio, CA 92201-7333
Contact: Ramon Hernandez
Tel: 760-904-5448
ramon.hernandez@twcable.com
6. City of Palm Desert
a. Protection of existing traffic signal and interconnect facilities
b. 760-776-6363
The California Public Utilities Commission mandates that, in the interest of public safety,
main line gas valves be maintained in a manner to be readily accessible and in good
operating condition. The Contractor shall notify the Southern California Gas Company's
Headquarters Planning Office at (909) 335-7581 at least two (2) working days prior to
the start of construction.
The Contractor shall coordinate installation of utility facilities within the project with the
inspector listed above as contact. Requests for information not shown on the specific
utility installation plan shall be directed to the contact for that utility. The exact location
and identification of all existing utilities shall be determined by the Contractor pri or to the
start of any work. The Contractor shall protect-in-place all utilities unless otherwise
noted on the plans.
All existing city-owned utilities located in sidewalk, driveway approach, access ramp or
any area requiring grade adjustment due to the proposed improvements shall be
considered appurtenant to the bid item for which the adjustment is required.
5. ENGINEER
The City of Palm Desert Engineer shall act as the Housing’s representative during the
construction period. The Engineer shall determine the amount, quality, acceptability and
fitness of all parts of the work, and interpret the Contract Documents. The Engineer
shall make visits to the site and determine if the work is proceeding in accordance with
the Contract Documents. No act or omission of the Engineer relieves Contractor of the
duty to proceed with the work in strict conformity with the Contract Documents.
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Upon request, Engineer shall reduce to writing any oral order, objection, requirement or
determination. Wherever Engineer's approval is required it shall be in writing only. All
communications to City by Contractor shall be via Engineer. No work shall be
performed on site other than during normal working hours without the knowledge and
consent of Engineer. The Contractor, and not the Engineer, will be responsible for the
construction means, controls, techniques, sequences, procedures, and construction
safety. As stated elsewhere, amounts shown in the Bid and Agreement as to quantities
are but estimates only.
Engineer shall direct Contractor as to the prosecution of the work in such a manner as
to increase or decrease such estimates as to the work actually to be done. Contractor
shall comply with such instructions and shall be paid only for work actually done based
on the unit price set out in the Agreement.
6. EXISTING FACILITIES AND CONTRACTOR PROCEDURE
Elsewhere in the Contract Documents reference may be made graphically, descriptively
or both - to the existence or possible existence of other improvements affecting the site
and the prosecution of the work such as surface and subsurface utilities, drainage ditches
and courses, buildings, fencing, retaining walls, roadways, curbs, trees, shrubs, and
similar matters. Such matters are included to be used by Contractor to the extent it deems
appropriate. However it is expressly understood and agreed:
1. Showing or describing such items does not mean that it is an exhaustive and
complete presentation and that as to matters shown or described that they
necessarily exist and no responsibility is assumed by Authority as to their exact
location. The Contractor shall be responsible for locating and protecting all utilities
during the course of the work. Damage caused by Contractor's operations to
facilities that are shown or otherwise indicated to Contractor by Engineer or Utility
Company, shall be repaired or replaced by and at the expense of Contractor.
2. All graphic presentations are schematic only unless the contrary is clearly set out
elsewhere as to a particular matter.
All improvements whether elsewhere shown or described or not - shall, unless
the contrary is elsewhere specifically directed, remain in place, undisturbed and
suitably protected during the course of the work.
Whenever, during the course of the work, a subsurface improvement is
discovered which Contractor believes is unknown to Authority, it shall
immediately so inform Engineer. Except as elsewhere provided, whenever in the
course of the work it becomes apparent that the work cannot proceed without the
destruction or relocation of any improvement whether shown or described or not -
Contractor shall immediately cease work affecting such improvements and notify
Engineer as to such circumstance and await instruction as to how to proceed.
Engineer may provide for such relocation work to be performed by other forces,
or direct that it may be performed by Contractor as a change in the work.
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3. Prior to the start of any excavation the Contractor shall coordinate his work with all
utility companies having services in the area and shall request that they mark all
their locations on the ground. The Contractor shall be required to cooperate fully
with all utility forces or forces of other public agencies engaged in relocation,
lowering, or otherwise rearranging any facilities interfacing with the progress of
work or installing any facilities thereon.
The Contractor will also be required to cooperate fully with any City, County or
State forces working on or near the project, or requiring access to the work in the
performance of their duties.
4. Where underground main distribution conduits such as water, gas, sewer, electric,
telephone or cable television are shown on the Plans, the Contractor, for the
purpose of preparing a bid, shall assume that every adjacent property will be
served by a service connection for each type of utility.
5. Electric Power, Communications, and Gas: Engineer will make arrangements, in
advance of construction, for all required modifications to electric power,
communications and natural gas facilities to be performed by the Owner or
operators of such facilities. To this end, Contractor shall indicate in its construction
schedule the latest dates for completion of such modifications for the locations
where they will be encountered during the course of the work.
6. Water Supply, Sewerage and Drainage: Contractor shall make all modifications
to existing water supply, sewerage and drainage facilities as required to permit
performance of the construction work. Temporary facilities and diversions will be
permitted to the extent that they assure continuity in the service, and quality of
service provided by the existing facilities.
The hydraulic capacity of drainage facilities, which serve the project area during
construction, shall be equal to or greater than the hydraulic capacit y that existed
prior to construction.
7. Walls, Fences, Gates and Enclosures: Contractor shall remove, modify and
reconstruct all walls, fences, gates, and enclosures as necessary for construction.
The relocation and reconstruction of such structures shall in general be performed
at or adjacent to the limits of the rights-of-way unless directed otherwise.
8. When existing sidewalk is removed, entire panels shall be removed and replaced
to the nearest joint. The Contractor shall take all precautions to protect all existing
improvements unless otherwise noted.
9. When joining existing pavement, Contractor shall feather a minimum of 10 feet or
that, which is shown on the construction plan. New construction joining existing
paving shall be done with no dangerous or noticeable joints as determined by the
Engineer.
10. Roads, Culverts and Associated Structures: Contractor shall make all necessary
modifications, relocations and reconstruction of existing roads, and associated
structures such as culverts, drainage facilities and the like as necessary for
construction of works described in these specifications.
11. General: All modifications, relocations and reconstruction work shall conform with
the designs of the existing facilities to the extent practicable, and the finished wo rk
and structures shall be equal to or better in all respects than the original facilities.
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12. Salvage: To the extent practicable, suitable materials shall be salvaged from
existing facilities that are to be moved from the rights -of-way and shall be reused
in constructing relocated or modified facilities. The salvaged materials shall be
cleaned, painted or renovated as necessary to meet the quality requirements
specified in the preceding paragraph. All foreign matter shall be disposed of in
designated waste areas.
7. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS
The Contractor shall be responsible for all damages to persons or property that occurs as
a result of the work. Contractor shall be responsible for the proper care and protection of
all materials delivered and work performed until completion and final acceptance by the
Authority. All work shall be solely at the Contractor’s risk. Contractor shall adequately
protect adjacent property from settlement or loss of lateral support as necessary.
Contractor shall comply with all applicable safety laws and building codes to prevent
accidents or injury to persons on, about, or adjacent to the Project site where work is
being performed. Contractor shall erect and properly maintain at all times, as required by
field conditions and progress of work, all necessary safeguards, signs, barriers, lights,
and watchmen for protection of workers and the public, and shall post danger signs
warning against hazards created in the course of construction.
Contractor shall remove at its own expense all rubbish and waste materials resulting from
its operations, including any material that may fall in swimming pools, lagoons, or other
water features. If on private property, Contractor must obtain permission from the prop erty
owner prior to removing debris. All debris must be removed before the end of the day
unless otherwise directed by Authority or Authority’s agent.
8. CHANGES IN THE WORK
Contractor shall make no changes in the work without written direction from Authorit y.
Contractor shall not be compensated for any change made without Authority’s written
direction. No changes in the work covered by this Agreement shall exonerate any surety
or any bond given in connection with this Agreement. All such changes in the wo rk
authorized by change order shall be performed under the applicable conditions of the
Contract Documents. Contractor must give written notice of a proposed change order
required for compliance with the Contract Documents within seven (7) days of discove ry
of the facts giving rise to the proposed change order.
If Authority directs the Contractor in writing to make changes in the work that materially
affect the cost of performing the work, the Agreement price will be adjusted based on
one of the following:
1. Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities involved
in the changed work;
2. By a combination of existing and new unit prices and related quantities
for the changed work;
3. Time and Materials, calculated as set forth below; or
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4. By mutual acceptance of a lump sum.
The cost for extra or changed work performed on a Time and Materials basis shall be
determined as follows:
1. Labor: Contractor will be paid cost of labor for workers used in actual
and direct performance of extra work, including only the actual wages paid
which shall include any employer payments to or on beh alf of workers for
health and welfare, pension, vacation, and similar purposes.
2. Material: Only materials furnished by Contractor and necessarily
used in performance of extra Work will be paid for. Cost of such materials
will be cost, including sales tax and delivery charges.
3. Equipment: For Contractor-owned equipment, payment will be made
at rental rates listed for equipment in California Department of
Transportation official equipment rental rate schedule which is in effect on
the date upon which the extra Work is accomplished and which schedule is
incorporated herein by reference as though fully set forth herein.
(a) For rented equipment, payment will be made based on actual
rental invoices. Equipment used on extra work shall be of proper
size and type.
(b) Rental rates paid shall be deemed to cover cost of fuel, oil,
lubrication, supplies, small tools, necessary attachments, repairs and
maintenance of any kind, depreciation, storage, insurance, and all
incidentals. Unless otherwise specified, manufacturer's ratings, and
manufacturer-approved modifications, shall be used to classify
equipment for determination of applicable rental rates. Rental time
will not be allowed while equipment is inoperative due to
breakdowns.
(c) Individual pieces of equipment or tools having a replacement
value of $100 or less, whether or not consumed by use, shall be
considered to be small tools.
4. Overhead And Profit For Time And Materials. For work Contractor
performs on Time and Materials at Authority’s direction, the following
markups will be added to the cost of labor, materials and equipment,
calculated as described above.
(a) Overhead and profit on labor shall be fifteen percent (15%).
(b) Overhead and profit on materials shall cost plus fifteen percent
(15%).
(c) Overhead and profit on equipment rental shall be ten percent
(10%).
(d) On proposals covering both increases and decreases in
Agreement price, overhead and profit shall be allowed on the net
increase only as determined in this paragraph. When the net
difference is a deletion, no percentage for overhead or profit will be
allowed, but rather a deduction shall apply.
(e) The markup shall include profit, small tools, cleanup, supervision,
warranties, cost of preparing the cost proposal, jobsite overhead,
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and home office overhead. No markup will be allowed on taxes,
insurance, and bonds.
If no agreement can be reached on a change order, Authority shall have the right to
issue a unilateral change order setting forth its determination of the reasonable
additions or savings in costs and time attributable to the extra or deleted work. Such
determination shall become final and binding if the Contractor fails to submit a claim in
writing to Authority within seven (7) days of the issuance of the unilateral change order,
disputing the terms of the unilateral change order and providing sufficient supporting
documentation for its position as Authority may reasonably require.
9. CLAIMS
The Contractor will indemnify and save the Authority, City and their agents harmless from
all claims growing out of the lawful demand of Subcontractors, laborers, workmen,
mechanics, material supplier, and furnishers of machinery and parts thereof, equipment
tools, and supplies, incurred in the furtherance of the performance of the work. The
Contractor shall, at the Authority's request, furnish satisfactory evidence that al l
obligations of the nature designated above have been paid, discharged, or waived. If the
Contractor fails to do so the Authority may, after having notified the Contractor, either pay
unpaid bills or withhold from the Contractor's unpaid compensation a sum of money
deemed reasonable and sufficient to pay any and all such lawful claims until satisfactory
evidence is furnished that all liabilities have been fully discharged whereupon payment to
the Contractor shall be resumed, in accordance with the terms o f the Contract
Documents, but in no event shall the provisions of this sentence be constructed to impose
any obligations upon the Authority to either the Contractor his Surety, or any third party.
In paying any unpaid bills of the Contractor, any payment so made by the Authority shall
be considered as a payment made under the Contract Documents by the Authority to the
Contractor and the Authority shall not be liable to the Contractor for any such payment
made in good faith.
10. DISPUTE RESOLUTION
Notwithstanding any other provision herein, provisions and procedures in this Section,
claims of $375,000 or less shall be resolved pursuant to the procedures set forth in
California Public Contract Code §§ 20104, et seq. Contractor shall comply with the claim
procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit
against the Authority. If no such Government Code claim is submitted, or if the
prerequisite contractual requirements are not otherwise satisfied as specified herein,
Contractor shall be barred from bringing and maintaining a lawsuit against the Authority.
11. PROJECT SAFETY
The Contractor shall take all responsible precautions for the safety of, and shall provide
all reasonable protection to prevent damage, injury or loss to:
1. All employees on the project and all other persons who may be affected thereby;
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2. All the work and all materials and equipment to be incorporated therein, whether
in storage on or off the site, under the care, custody or control of the Contractor or
any of his Subcontractor or Sub-Subcontractors;
3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction; and
4. Vehicular and pedestrian traffic on or near the project site. This requirement shall
apply continuously and not be limited to normal working hours.
The Contractor is responsible to design, construct and maintain all safety devices as
required by law or manufacture. The Contractor shall give all notices and comply with all
applicable laws, ordinances, rules, regulations and lawful orders of any public authority
bearing on the safety of persons or property or their protection from damage, injury or
loss. Neither the Authority nor the Authority’s Representative shall enforce safety
measures or regulations. The contractor must submit a comprehensive written safety
program covering all aspects of onsite and applicable offsite operations and activities
associated with the contract.
The Contractor shall erect and maintain, as required by existing conditions and progress
of the work, all reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and
notifying owners and users of adjacent utilities. The Contractor shall use proper safety
signing and barricading as required by the California Manual on Uniform Traffic Control
Devices (CA MUTCD) and the W.A.T.C.H. handbook.
The Contractor shall use such foresight and shall take such steps and precautions as
operations make necessary to protect the public from danger or damage, or loss of life
or property, which would result from the interruption or contamination of public water
supply, irrigation or other public service or from the failure of partly completed work.
The Contractor shall take all necessary precautions to protect the public, especially
children, from the hazards of open excavations. Trenches, slopes, and excavations
requiring shoring shall either be covered or adequately fenced at night and on
weekends or whenever operations are not in actual progress.
High visibility clothing shall be worn at all times when working on the project. It is the
Contractor's responsibility to ensure that this requirement is enforced.
Contractor shall ensure that all working personnel are identified by a work uniform that,
at a minimum, consists of a shirt that identifies the company. All work vehicles used on
the project shall also be identified, at a minimum, with the company name adequately
displayed on the vehicles.
All safety devices and all guards for equipment shall be in place and in proper working
order during equipment use. No safety device or guards shall be removed, modified or
altered in any way, except in strict accordance with the manufacturer’s
recommendation.
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In case of an emergency, which threatens loss or injury to property or life, Contractor
shall act without previous instructions as the situation may warrant. Contractor shall
notify Engineer immediately thereafter. Any compensation for emergency work claimed
by Contractor, together with substantiating documentation, shall be submitted to
Authority.
Whenever, in the opinion of the Authority, an emergency exists against which the
Contractor has not taken sufficient precaution for the safety of the public or the
protection of utilities or of adjacent structures or property or if immediate action shall be
considered necessary in order to protect public or private personnel or property interest,
or prevent likely loss of human life or damage on account of the operations under the
contract, then and in that event, the Authority may provide suitable protection to said
interest by causing such work to be performed and material to be furnished, as, in the
opinion of the Authority, may seem reasonable and necessary. The cost and expense
of said labor and material together with the cost and expense of such repairs as may be
deemed necessary shall be borne by the Contractor. If he shall not pay said cost and
expense upon presentation of the bills therefor, duly certified by the Engineer, then said
costs and expense will be paid by the Authority and shall thereafter be deducted from
any amounts due, or which may become due said Contractor. Failure of the Authority to
take such precautionary measure shall not relieve the Contractor of his full responsibility
for public safety.
12. WORK AREA APPEARANCE
The Contractor shall maintain the work area in a neat and orderly f ashion. When practical,
debris developed during maintenance operations shall be disposed of concurrently with
its removal. If stockpiling is necessary, the material shall be removed or disposed of daily.
No tarps shall be left unattended in parking areas without express permission from the
Authority. No tarps shall be permitted in any area overnight. Contractor vehicle parking
area will be coned off while in use. Contractor will take measures to ensure protection of
private property of the residents (i.e. belongings or furniture on patios and outdoor areas)
so as not to cause damage.
13. CLEANUP AND RESTORATION OF SURFACES
The Contractor shall, as directed by the City, remove from all public and private
property, at its own expense, all temporary structures , rubbish and waste materials
resulting from its operations. This includes temporary work area(s) obtained by the
Contractor.
All existing surfaces, whether asphaltic or concrete, Portland Cement concrete,
permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel,
etc., or other, shall, after operations, be restored to a condition at least equal to that which
existed prior to landscape maintenance activity. All restoration shall be in -kind.
Restoration shall include, but not be limited to, the replacement of landscape planting and
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irrigation system, and pavement striping which are disturbed by the Contractor’s
operations in the course of work.
14. RECYCLING SPECIFICATIONS
Contractor shall segregate the following materials generated by this job and shall haul,
or have the material hauled, to recycling, composting or other properly permitted and
County-licensed, diversion facilities: Dirt; Sod; Grass; Wood; Concrete (with and without
rebar); masonry; landscape irrigation piping and fittings; asphalt; gravel and rock.
Contractor shall submit weight tickets to the Authority on a monthly basis showing the
quantity (tons) delivered to each diversion facility. Contractor shall also submit to
Authority, on a monthly basis, all weight tickets showing the tons of all non-divertible
material that have been delivered to landfill.
Contractor shall include the costs for the diversion of the above-listed materials in its bid
for the job. All other debris generated that is beyond the scope of normal and routine
maintenance shall be paid as an extra. Contractors are responsible for doing their own
research in contacting the recycling, composting and other processing and diversion
facilities to confirm the tipping fees for the various types of materials. Contractor may
utilize any recyclers or processors provided that Contractor submits written evidence
that said facilities are operating in compliance with all state, federal and local laws.
Contractor is liable and responsible for any illegal dumping activities for any and all
materials generated at the job site.
Contractor shall remove all green waste generated from maintenance operat ions on a
daily basis. No green waste will be allowed to remain on site after work hours. Disposal
of green waste shall not be allowed in any Authority trash can, bin or other Authority
facility (i.e. corporation yard or satellite yards), or in any park refuse container unless
other arrangements have been authorized by Authority. Contractor shall recycle all green
waste removed from Authority landscaped areas at a County -licensed facility. If any
compost is used in the execution of the landscape maintenan ce contract, it must be from
a facility that receives and composts City or Authority green waste. Said products shall
be approved by the Engineer or his designee before use. Contractor shall submit
verification of green waste disposal in the Green Waste Monthly Report.
15. PERMITS AND LICENSES
a. Permits: Contractor, and any subcontractors shall obtain permits for all
work within the City, Authority, and State public right-of-way, and the project area and
will maintain proper safety and regulatory signs for such work. Contractor is responsible
for permit costs.
b. Licenses: Contractor shall obtain and pay all costs incurred for licenses
necessitated by his operations. Prior to starting any work, the Contractor and all
subcontractors shall be required to have a City of Palm Desert Business Tax
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Registration valid for the time they are engaged in work. The cost of these fees shall be
included in the price and no additional compensation will be allowed therefor.
c. Fees: Contractor shall be responsible for all inspection and permit fees
required by agencies necessitated by his operations for this project. This includes fees
required for inspection work within the right-of-way of these other agencies and other
public right-of-way. The cost of these fees shall be included in the lump sum contract
bid price and no additional compensation will be allowed therefor.
16. POTHOLING
Prior to commencement of any tree replacement or stump grinding, Contractor shall
physically locate, verifying horizontal and vertical locations, a nd map existing
underground facilities within the work area that are marked by Underground Service Alert
(USA) or shown on the drawings. Contractor shall protect all such facilities from damage
due to construction activities for the duration of the project. Contractor shall deliver a plan
with the location of each potholed utility to the Engineer. Repair of damage to such
facilities shall be at the Contractor's expense and shall be considered as integral to this
item of work. Contractor shall be responsible for following all applicable rules and
regulations concerning work in the vicinity of underground and/or overhead utilities. The
cost for potholing shall be included in the unit prices bid for the various contract items,
and no additional compensation will be allowed therefor.
17. RELOCATION
In the event of Contractor negligence, it becomes necessary to alter or temporarily
relocate service connections (including but not limited to: water, irrigation water, sewer,
electrical, natural or manufactured gas, underground and/or overhead telephone, cable
television, and electrical) it shall be the responsibility of the Contractor, The Contractor
shall restore the service connections as soon as possible after any disruption in service.
The Contractor shall make all arrangements with the utility owners regarding such work.
The costs for such work on service connections shall be included in the lump sum contract
bid price, and no additional compensation will be allowed therefor.
18. SURPLUS MATERIALS
All material not suitable for stockpiling as outlined in Section 300-2.2 of the Standard
Specifications, which contain debris, shrubbery, asphaltic concrete, Portland Cement
concrete or other deleterious material shall become the property of the Contractor.
Surplus material encountered in a manner not associated with regular on -going
maintenance activities shall be subject to removal at time and material basis upon
approval by the Authority.
Material shall be disposed of at a legally acceptable disposal site furnished b y the
Contractor and shall be considered as included in the lump sum contract bid price for and
no additional compensation will be made therefor.
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19. INSPECTION OF THE WORK
There will be inspection of this work to ensure strict adherence to the specification s and
work schedule submitted by the Contractor. It shall be the responsibility of the Contractor
to notify the Authority should any deviation of said work schedule become necessary. Any
work done in unauthorized areas or in a manner unacceptable to the in spector shall not
be accepted or paid for by the Authority.
20. PROTECTION OF PUBLIC
The Contractor shall take all necessary precautions to protect the public, especially
children, from the hazards of their maintenance operations.
Unusual conditions may arise during the scope of work, which will require that immediate
and special provisions be made to protect the public from danger or loss or damage to
life and property, due directly or indirectly to the progression of the work. It is part of the
service required of the Contractor to make such provisions and to furnish such protection.
Whenever, in the opinion of the Authority, an emergency exists against which the
Contractor has not taken sufficient precaution for the safety of the public or the protection
of utilities or of adjacent structures or property or if immediate action shall be considered
necessary in order to protect public or private personnel or property interest, or prevent
likely loss of human life or damage on account of the operations under the contract, then
and in that event, the Authority may provide suitable protection to said interest by causing
such work to be performed and material to be furnished, as, in the opinion of the Authority,
may seem reasonable and necessary.
Materials and equipment shall be stored so as to not create a public nuisance and to
ensure the preservation of their quality and fitness for the work. No materials or
equipment shall be stored at the project site unless its use is imminent.
The Contractor is responsible to design, construct and maintain all safety devices and be
responsible for conforming to all local, state and federal safety and health standard, laws
and regulation
21. TRAFFIC CONTROL
Contractor shall comply with the State of California and Cal -OSHA Safety Rules and
Regulations and the American National Standards Institute (ANSI) 2133.1 standards.
Contractor shall supply all delineation, signing and clothing as required by the State of
California Department of Transportation. Contractor shall provide and maintain work
zone traffic control devices at all times in accordance with the WATCH Manual, the
California MUTCD, and as directed by the Authority’s Representative or his/her designee.
All roadway signs, delineators, channelizers, cones and barricad es shall be in “like new”
condition. All roadway signs used for nighttime traffic control shall have retroreflective
sheeting that meet or exceed ASTM Standard D 4956 Type III.
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When required by the Authority’s Representative or when maintenance activitie s require
a traffic control setup that does not conform to standard traffic control layouts as detailed
in the previously referenced standard manuals, then the Contractor shall be required to
submit project traffic control plans for review and approval by the City. Minor adjustments
of the traffic control set up may be made in the field with prior approval from the City
Inspector.
A minimum of one (1) 12-foot (12’) travel lane in each direction shall be maintained at all
times on residential, collector and arterial streets during maintenance operations. No
reduction of the travel way width and/or travel lanes shall be permitted before 8:30 a.m.,
or after 4:30 p.m., unless prior approval from the City Engineer is obtained. If the closing
or opening of a street (either partially or fully) within the City is approved by Engineer,
Contractor shall notify the City Inspector assigned to the project and local authorities at
least twenty-four (24) hours prior to the scheduled closing or opening.
A minimum of a four-foot (4’) wide ADA compliant pedestrian path of travel must be
maintained in the sidewalk area at all times. The area under maintenance in the sidewalk
areas must be maintained free of hazardous conditions. The immediate area must be
barricaded in such a manner that pedestrian traffic cannot enter.
Access to driveways shall be maintained from at least one end of the work area at all
times. At no time is any business or residence to be without access unless otherwise
approved by Engineer. Contractor shall notify residents or businesses of restricted
access forty-eight (48) hours in advance of construction activities.
The Contractor shall abate dust nuisance on traffic lanes, detours and work site by
cleaning, sweeping and sprinkling with water or other means, as necessary, during and
after the course of their work.
The compensation for furnishing, placing, maintaining and removing traffic cones,
telescoping tree flags, advance warning signs, flagmen, barricades, temporary striping
and other safety devices, as required for public safety or as directed by the City Engineer,
shall be considered as included in the in the contract bid price, and no additional
compensation will be made therefor.
22. DUST CONTROL/AIR CONTAMINANTS
The Contractor must comply with the City of Palm Desert’s Municipal Code, Chapter 8.20,
“Public Nuisances” Chapter 27.12.140, and City of Palm Desert Ordinance 294.
Contractor must also comply with Chapter 24.12 “Fugitive Dust (PM10) Control” of City
of Palm Desert Municipal Code.
Dust generated by traffic, Contractor’s operations, or wind are all included in the definition
of “dust.” The Contractor is responsible for monitoring all of the active maintenance areas
during the life of the contract, and special attention shall be give n to areas during over-
seeding operation. The Contractor shall not discharge smoke, dust, or any other air
contaminants into the atmosphere in such quantity as will violate the regulations of any
legally constituted authority.
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Payment for maintaining dust control and air contaminates within the project area shall
be included in the lump sum contract proposal price, and no additional compensation will
be allowed therefor.
23. WATER
Water shall not be taken from any commercial or residential systems without the express
written consent of the owner.
24. MEASUREMENT AND PAYMENT
Authority has specific criteria by which to evaluate the performance of Contractor on a
weekly basis. If performance by Contractor is deficient, Authority reserves the right to
subtract an associated amount form the monthly billing. Since it is difficult to quantify and
assess a value to every aspect of the work, Authority may implement liquidated damages
of $250 per day per incident until the deficiency is corrected. The following is a brief
summary of possible deficiencies:
1. Failure to comply with Contract Documents.
2. Failure to comply in a timely manner with contractually legitimate requests made
by Authority.
3. Failure to provide specified reports or falsification of reports.
4. Failure to supply adequate equipment, labor or supervision.
5. Failure to repair deficiencies in the allotted time frame.
6. Failure to comply with schedules.
7. Failure to protect public health and safety.
8. Failure to provide adequate identification on vehicles or employees.
In the event Contractor fails to perform contractual obligations to the satisfaction of
Authority, Authority many choose to obtain the services of a separate landscape
maintenance provider to fulfill Contractor’s obligations, and any and all associated
charges shall be the responsibility of the Contractor.
25. VEHICLES ON SIDEWALK AND TURF
Contractor vehicles shall not drive on sidewalks or turf without prior Authority approval.
26. REFUSE DISPOSAL
All refuse collected shall be removed and taken to a sanitary landfill at Contractor’s
expense. Disposal of debris shall not be allowed in any Authority trash can, bin or other
City facility (i.e., corporation yard or satellite yards), or in any park refuse container unless
other arrangements have been authorized by Authority.
27. GREEN WASTE
Contractor shall remove all green waste generated from maintenance operations on a
daily basis. No green waste will be allowed to remain on site after work hours. Disposal
of green waste shall not be allowed in any Authority trash can, bin or other City fa cility
(i.e., Corporation Yard or satellite yards), or in any park refuse container unless other
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arrangements have been authorized by Authority. Contractor shall recycle all green waste
removed from Authority landscaped areas at a County-licensed compost facility. If any
compost is used in the execution of the landscape maintenance contract, it must be from
a facility that receives and composts City of Palm Desert green waste. Said products shall
be approved by the Authority or his designee before use. Cont ractor shall submit
verification of green waste disposal in the Green Waste Monthly Report.
28. SCHEDULES
At the pre-commencement conference, Contractor and Authority staff will review the Work
Schedule submitted by the Contractor. This schedule will be con sidered the permanent
schedule. If, during the first thirty (30) days, an adjustment in the schedule needs to be
made, Contractor may submit a revised schedule for approval. In addition, Contractor
shall submit a weekly report by 1:00 p.m. every Friday showing work performed in the
current week and work scheduled for the following week. Failure to submit the required
report by 1:00 p.m. every Friday may result in a $250 fine. Contractor shall adhere to the
schedule. Authority must receive notification of changes at least 24 hours in advance.
Reports may be transmitted electronically to bchuck@palmdesert.gov or
smuir@palmdesert.gov.
29. LICENSE AND CERTIFICATION REQUIREMENTS
Contractor shall possess all permits and licenses required to comply with city, count y,
state or federal laws for the work activities performed, including the use of chemicals.
Contractor assumes responsibility and liability for use of all chemical controls and shall at
all times perform chemical applications in accordance with governmental regulations and
industry standards for their safe and appropriate use.
At the time that the Proposal is submitted, Contractor shall possess current licensure and
certification as follows, and the same shall be maintained current and valid for the term
of the contract:
1. C-27 Landscape Contractor License
2. California State Pest Control Applicators License (QAL) for chemical
applications category B for the person(s) supervising or performing herbicide
applications
3. Riverside County Pesticide Business License
4. International Society of Arboriculture (ISA) Certificate
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FREQUENCY SCHEDULE
EXHIBIT “F”
PALM DESERT HOUSING AUTHORITY
LANDSCAPE MAINTENANCE
FREQUENCY SCHEDULE LEGEND
A Daily, 7 days per week
B Daily, Monday through Friday
C Daily, before close of business (5:00 p.m.), Monday through Friday
D Weekly, before close of business (5:00 p.m.) on Friday
E Three times weekly (Monday, Wednesday, Friday)
F Bi-weekly (every 2 weeks)
G Monthly (12 times per year, every month)
H Bi-monthly (6 times per year, every two months)
I Quarterly (4 times per year)
J Semi-annually (2 times per year)
K Annually (1 time per year)
L Seasonal
M As needed to maintain plant material health and/or public safety
N As needed
O October 1 to April 30, once monthly; May 1 to September 30, every 2 weeks; Except turf and
annual color areas which are always weekly
P Monthly, from May to October (6 times)
Q October 1 to April 30 every other week; May 1 to September 30 weekly
R October 1 to May 30, three times weekly (Monday, Wednesday, Friday), before 10:00 a.m.; June 1
to September 30, once a week
S Daily, before 7:00 a.m., 7 days per week
T Weekly, on Friday, by 6:00 a.m.
U Continuously November 1 - March 31; monthly April 1 - October 31
V Weekly April 1 - October 31; monthly November 1 - March 31
W Daily, by 1:00 PM, 7 days per week
X Daily, by 1:00 PM, Monday through Friday
Y Twice weekly on non-consecutive days
Z Twice weekly on non-consecutive days, by 1:00 p.m.
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Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to EXCEL LANDSCAPE, INC., (hereinafter referred to as the “Contractor”) an agreement for
PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE project (hereinafter
referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated May 23, 2024, (hereinafter referred to as “Contract
Documents”), the terms and conditions of which are expressly incorporated herein by reference;
and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, EXCEL LANDSCAPE, INC., the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of FOUR HUNDRED EIGHTEEN THOUSAND SIX HUNDRED
EIGHTY DOLLARS ($418,680.00), said sum being not less than one hundred percent (100%) of
the total amount of the Contract, for which amount well and truly to be made, we bind ourselves,
our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its elected or
appointed officers, and their respective agents, officials, employees, volunteers and
representatives, as stipulated in said Contract Documents, then this obligation shall become null
and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in t he
Contract Documents; or
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Contract No. ___________
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
412
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ________________________
Title_______________________________
(Corporate Seal) Surety
By_________________________________
Title_______________________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
413
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ________________________ , 20___, before me, _______________________________, Notary Public,
personally appeared ________________________ , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
414
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ____________________ , 20___, before me, _______________________________, Notary Public,
personally appeared _________________________ , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
415
Contract No. ___________
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken
or a resolution passed May 23, 2024, has awarded to EXCEL LANDSCAPE, INC., hereinafter
designated as the “Principal,” a contract for the work described as follows:
PALM DESERT HOUSING AUTHORITY LANDSCAPE MAINTENANCE project (the
“Project”).; and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated May 23, 2024, (“Contract Documents”), the terms and
conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of FOUR HUNDRED EIGHTEEN
THOUSAND SIX HUNDRED EIGHTY DOLLARS ($418,680.00) lawful money of the United
States of America, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation
expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon
this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or
416
Contract No. ___________
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise e ntitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and original
contractor or on the part of any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been
paid the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned and the provisions of
sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
417
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ________________________
Title_______________________________
(Corporate Seal) Surety
By
__________________________________
Title_______________________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
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Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ____________________ , 20___, before me, _______________________________, Notary Public,
personally appeared _________________________ , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
419
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney
to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On ____________________ , 20___, before me, _______________________________, Notary Public,
personally appeared _________________________ , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
_____________________________________________
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
420
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Ryan Gayler, Capital Projects Manager
REQUEST: APPROVE CONTRACT WITH AMERICAN ASPHALT SOUTH, INC., FOR
THE CV LINK ENHANCEMENTS AND SLURRY SEAL PROJECT
(PROJECT CST00021)
RECOMMENDATION:
1. Approve Contract No. C47160 in the amount of $3,048,952.10 to American Asphalt South,
Inc., of Riverside, CA, for the CV Link Enhancements and Slurry Seal Project
(Project No. CST00021).
2. Authorize the Director of Finance to set aside a contingency in the amount of $305,000 .
3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.
4. Authorize the City Manager to execute the agreement.
5. Authorize the City Manager to review and approve written requests for the use of contingency
per Section 3.30.170B of the Palm Desert Municipal Code.
6. Authorize the Mayor to execute the Notice of Completion (NOC) and the City Clerk to file the
NOC upon satisfactory completion of the project.
BACKGROUND/ANALYSIS:
When the CV Link project was completed in Palm Desert, it was one of the first segments of the
cycle track completed. City staff received feedback from users of the path and City staff were
able to observe how drivers were interacting with the new facility. Users indicated that they
desired more information about nearby points of interest or recreation facilities that may be
unknown to new users of the path. City staff observed drivers, who were co nfused by the new
bike lanes, driving their vehicles in the dedicated bike lanes. This information was compiled and
presented to a transportation consultant for solutions. The result is the CV Link Enhancement
plans which provide additional signage identif ying nearby amenities. Additionally, striping
improvements are included that are intended to keep drivers in designated vehicular lanes. Other
improvements include modifications to the video detection system that will identify cyclists and
trigger the traffic signal to stop cross traffic and allow the cyclist to safely continue through the
intersection.
This project also includes the slurry seal project. The projects were combined because the
projects contain similar types of work that could be performed b y the same contractor and
favorable pricing could be gained. The slurry seal project focuses primarily on the streets in the
Palma Village neighborhood between Fred Waring Drive and Highway 111. These streets will
benefit from crack sealing and rubberized slurry seal which is designed to lock out sand and
water to extend the life of the streets. Slurry seal is a blend of small aggregate and asphalt oil
that coats the streets and shields the underlying asphalt concrete from ultra-violet rays and heat
which can cause premature aging. The rubberized slurry seal has an elastic quality that prolongs
street life beyond what is expected from conventional slurry. Type II slurry seal is the grade of
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City of Palm Desert
Approve Contract for the CV Link Enhancements and Slurry Seal Project
Page 2 of 2
slurry typically used on streets in Palm Desert. Type III slurry uses a larger aggregate and it will
be used on streets that are showing more pavement distresses. Type III slurry is designed to
have a longer life than Type II slurry.
The City advertised the project for bids and on May 6, 2024, five bids were received with the
following results:
Contractor Location Bid Amount
American Asphalt South, Inc. Riverside, CA $3,048,952.10
Pavement Coatings Company Jurupa Valley, CA $3,640,329.45
Doolittle Construction, LLC Sacramento, CA $3,895,895.00
All American Asphalt Corona, CA $3,989,999.00
Roy Allan Slurry Seal, Inc. Santa Fe Springs, CA $4,095,070.00
The bid from American Asphalt South, Inc., was reviewed and found to comply with the contract
requirements. American Asphalt South , Inc., has successfully completed many projects for the
City in previous years and staff has an excellent working relationship with this contractor.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
This project is being funded through Measure A, SB1, and New Construction Tax funds that
were budgeted as part of the 2023-2024 fiscal year budget process.
Project Funding Source Description Budgeted Funds
CV Link Enhancements
and Slurry Seal Project
(CST00021)
2314670-5000202 New Construction Tax $500,000
2114311-4391505 SB1 $950,000
2134311-4332000 Measure A $2,350,000
Total Approved Project Budget $3,800,000
American Asphalt South, Inc. – Contract Amount 3,048,952.10
Contingency $305,000
Total Not-To-Exceed $3,353,952.10
Remaining Project Budget in 2134311-4332000 $446,047.90
ATTACHMENTS:
1. Contract Agreement and Bonds
2. Contractor’s Proposal
3. Vicinity Map
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CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. C47160, is made and entered into this 23rd day of
May, 2024, by and between City of Palm Desert, a Charter City and municipal corporation,
organized under the laws of the State of California, with its principal place of business at 73-510
Fred Waring Drive, Palm Desert, California 92260, sometimes hereinafter called the “City” and
American Asphalt South, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide
all labor, materials, equipment, tools, utility services, and transportation to complete
all of the Work required in strict compliance with the Contract Documents as specified
in Article 5, below, for the following Project:
CV LINK ENHANCEMENTS AND SLURRY SEAL PROJECT
PROJECT NUMBER CST00021
The Scope of Work consists of making improvements to the CV Link cycle track and
constructing slurry seal improvements. The work items include mobilization, traffic
control, various removals, application of slurry seal, construct paint and thermoplastic
striping and markings, installation or relocation of flashing LED and other signage,
installation of delineators and pavement markers, traffic signal modifications,
construction of concrete curb ramps, and installation of truncated domes.
Contractor is an independent contractor and not an agent of the City. The Contractor and its
surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to
comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the City’s Notice to Proceed. The Contractor shall complete all Work
required by the Contract Documents within 120 Calendar Days from the
commencement date stated in the Notice to Proceed. By its signature hereunder,
Contractor agrees the time for completion set forth above is adequate and reasonable
to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs, the sum of Three million forty-eight thousand
nine hundred fifty-two and 10/100 Dollars ($3,048,952.10). Payment shall be made as
set forth in the General Conditions. The City will pay to Contractor compensation
based upon the prices set forth in the Bid Schedule.
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ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day
completion of the Project is delayed beyond the Contract Time. Because of the nature
of the Project, it would be impracticable or extremely difficult to determine the City’s
actual damages. Accordingly, in accordance with Government Code section
53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for
each and every Day of delay beyond the time prescribed in the Contract Documents
for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the
event this is not paid, the Contractor agrees the City may deduct that amount from any
money due or that may become due the Contractor under the Contract. This Section
does not exclude recovery of other damages specified in the Contract Documents.
Liquidated damages may be deducted from progress payments due Contractor,
Project retention or may be collected directly from Contractor, or from Contractor's
surety. These provisions for liquidated damages shall not prevent the City, in case of
Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
Standard Plans of the City of Palm Desert, latest edition
Standard Plans for Public Works Construction, latest edition
Caltrans Standard Specifications, latest edition, Except Division 1
Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest
edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
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Permits
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of conflict,
the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply
with all requirements of applicable federal, state and local laws, rules and regulations,
including, but not limited to, the provisions of the California Labor Code and California
Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification
1. To the fullest extent permitted by law, Contractor shall immediately defend (with
counsel of the City’s choosing), indemnify and hold harmless the City, the
Coachella Valley Water District, the Desert Community College District, Coachella
Valley Association of Governments and its member agencies, and their respective
officers, officials, employees, agents, and representatives, and each of them from
and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries,
losses or liabilities, in law or in equity, of every kind or nature whatsoever, but
not limited to, injury to or death, including wrongful death, of any person, and
damages to or destruction of property of any person, arising out of, related to,
or in any manner directly or indirectly connected with the Work or this Contract,
including claims made by subcontractors for nonpayment, including without
limitation the payment of all consequential damages and attorney’s fees and
other related costs and expenses, however caused, regardless of whether the
allegations are false, fraudulent, or groundless, and regardless of any
negligence of the City, the Coachella Valley Water District, the Desert
Community College District, Coachella Valley Association of Governments and
its member agencies, and their respective officers, officials, employees,
agents, or authorized volunteers and representatives (including passive
negligence), except the sole negligence or willful misconduct or active
negligence of the City, the Coachella Valley Water District, the Desert
Community College District, Coachella Valley Association of Governments and
their respective officers, officials, employees, agents, and authorized
volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not
limited to damages, fines, penalties, attorney’s fees and costs arising from
claims under the Americans with Disabilities Act (ADA) or other federal or state
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disability access or discrimination laws arising from Contractor’s Work during
the course of construction of the improvements or after the Work is complete,
as the result of defects or negligence in Contractor’s construction of the
improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties
or liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the violation of any governmental law or
regulation, compliance with which is the responsibility of Contractor;
(d) Any and all losses, expenses, damages (including damages to the Work itself),
attorney’s fees, and other costs, including all costs of defense which any of
them may incur with respect to the failure, neglect, or refusal of Contractor to
faithfully perform the Work and all of Contractor’s obligations under Contract.
Such costs, expenses, and damages shall include all costs, including
attorney’s fees, incurred by the indemnified parties in any lawsuit to which they
are a party.
2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk,
with the counsel of the City choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the
City, the Coachella Valley Water District, the Desert Community College District,
Coachella Valley Association of Governments and its member agencies, and their
respective officers, officials, employees, agents, and authorized volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against the City, the Coachella Valley Water District, the Desert
Community College District, Coachella Valley Association of Governments and its
member agencies, and their respective officers, officials, employees, agents, and
authorized volunteers, in any such suit, action or other legal proceeding.
Contractor shall reimburse the City, the Coachella Valley Water District, the Desert
Community College District, Coachella Valley Association of Governments and its
member agencies, and their respective officers, officials, employees, agents, and
authorized volunteers for any and all legal expenses and costs incurred by each
of them in connection therewith or in enforcing the indemnity herein provided. The
only limitations on this provision shall be those imposed by Civil Code section
2782.
3. The provisions of this Article shall survive the termination of this Contract
howsoever caused, and no payment, partial payment, or acceptance of occupancy
in whole or part of the Work shall waive or release any of the provisions of this
Article.
B. Insurance
1. Without limiting Contractor’s indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract, policies of insurance of the type and amounts described
below and in a form that is satisfactory to City.
2. General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office
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72500.00001\32656428.1 -5- CONTRACT & BOND FORMS
form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000
general aggregate, for bodily injury, personal injury, and property damage, and a
$4,000,000 completed operations aggregate. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
3. Automobile Liability Insurance. Contractor shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Contractor arising out of or in
connection with Work to be performed under this Contract, including coverage for
any owned, hired, non-owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella
or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability
insurance policy with limits that will provide bodily injury, personal injury and
property damage liability coverage at least as broad as the primary coverages set
forth above, including commercial general liability, automotive liability and
employer’s liability. Such policy or policies shall include the following terms and
conditions:
A drop down feature requiring the policy to respond in the event that any
primary insurance that would otherwise have applied proves to be uncollectible
in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and
(b) Concurrency of effective dates with primary policies; and
(c) Policies shall “follow form” to the underlying primary policies; and
(d) Insureds under primary policies shall also be insureds under the umbrella
or excess policies.
5. Workers’ Compensation Insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000) for Contractor’s employees in accordance with
the laws of the State of California, Section 3700 of the Labor Code. In addition,
Contractor shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with
the laws of the State of California, Section 3700 for all of the subcontractor’s
employees. Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees and volunteers.
6. Pollution Liability Insurance. RESERVED
7. Builder’s Risk Insurance. RESERVED
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C. Other Provisions or Requirements
1. Proof of Insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and
endorsements must be approved by City’s Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
2. Duration of Coverage. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder
by Contractor, its agents, representatives, employees or subcontractors.
Contractor must maintain general liability and umbrella or excess liability insurance
for as long as there is a statutory exposure to completed operations claims. The
City and its officers, officials, employees, and agents shall continue as additional
insureds under such policies.
3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and
any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for the
benefit of City before the City’s own insurance or self -insurance shall be called
upon to protect it as a named insured.
4. Products/Completed Operations Coverage. Products/completed operations
coverage shall extend a minimum of three (3) years after project completion.
Coverage shall be included on behalf of the insured for covered claims arising out
of the actions of independent contractors. If the insured is using subcontractors,
the Policy must include work performed “by or on behalf” of the insured. Policy
shall contain no language that would invalidate or remove the insurer’s duty to
defend or indemnify for claims or suits expressly excluded from coverage. Policy
shall specifically provide for a duty to defend on the part of the insurer. The City,
its officials, officers, agents, and employees, shall be included as additional
insureds under the Products and Completed Operations coverage.
5. City’s Rights of Enforcement. In the event any policy of insurance required under
this Contract does not comply with these requirements, or is canceled and not
replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by
Contractor, or City will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, City may cancel this Contract.
6. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the
State of California, with an assigned policyholders’ Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition
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72500.00001\32656428.1 -7- CONTRACT & BOND FORMS
of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk
Manager.
7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant
to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, agents, officials, employees and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed
officers, agents, officials, employees and volunteers and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor
of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
9. Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits m aintained
by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker
and insurers to provide to City with a thirty (30) Day notice of cancellation (except
for nonpayment for which a ten (10) Day notice is required) or nonrenewal of
coverage for each required coverage.
11. Additional Insured Status. General liability, automobile liability, and if applicable,
pollution liability policies shall provide or be endorsed to provide that the City, the
Coachella Valley Water District, the Desert Community College District, Coachella
Valley Association of Governments and its member agencies, and their respective
officers, officials, employees, agents, and authorized volunteers shall be additional
insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies. Coverage shall be at least as broad as coverage
provided by ISO’s Owners, Lessees, or Contractors Additional Insured
Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed
operations (i.e. ISO Form CG 20 37 07 04) of Contractor.
12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required
herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of
in writing.
13. Separation of Insureds. A severability of interests provision must apply for all
additional insureds ensuring that Contractor’s insurance shall apply separately to
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72500.00001\32656428.1 -8- CONTRACT & BOND FORMS
each insured against whom claim is made or suit is brought, except with respect
to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability
exclusions.
14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-
contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance
coverage and endorsements required of Contractor. Contractor agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Contractor
agrees that upon request, all agreements with consultants, subcontractors, and
others engaged in the Project will be submitted to City for review.
15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the
right at any time during the term of the contract to change the amounts and types
of insurance required by giving the Contractor ninety (90) Days advance written
notice of such change. If such change results in substantial additional cost to the
Contractor, the City and Contractor may renegotiate Contractor’s compensation.
If the City reduces the insurance requirements, the change shall go into effect
immediately and require no advanced written notice.
16. Self-Insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self -insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by City.
17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor’s
performance under this Contract, and that involve or may involve coverage under
any of the required liability policies.
18. Additional Insurance. Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the Work.
19. Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the work and the conditions under which
the work is to be performed. Safety precautions, where applicable, shall include,
but shall not be limited to: (A) adequate life protection and lifesaving equipment
and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring, equipment and
other safety devices, equipment and wearing apparel as are necessary or lawfully
required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
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ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor
Code which such rates shall be made available at the City’s Office or may be obtained
online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that
the False Claims Act, California Government Code sections 12650, et seq., provides
for civil penalties where a person knowingly submits a false claim to a public entity.
These provisions include within their scope false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the
information. In the event the City seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees.
Contractor hereby acknowledges that the filing of a false claim may the Contractor to
an administrative debarment proceeding wherein Contractor may be prevented from
further bidding on public contracts for a period of up to five (5) years.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
CITY OF PALM DESERT
By:
L. TODD HILEMAN, CITY MANAGER
ATTEST:
By:
ANTHONY J. MEJIA, CITY CLERK
APPROVED AS TO FORM:
By:
Israh Shah
Best Best & Krieger LLP
City Attorney
AMERICAN ASPHALT SOUTH, INC.
By:
JEFF PETTY, PRESIDENT
By:
TYLER SKENDER, SECRETARY
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
432
72500.00001\32656428.1 -11- CONTRACT & BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
433
72500.00001\32656428.1 -12- CONTRACT & BOND FORMS
BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert, a Charter City and municipal corporation, organized
under the laws of the State of California, with its principal place of business at 73-510 Fred Waring
Drive, Palm Desert, California 92260, (hereinafter referred to as the “City”) has awarded to
American Asphalt South, Inc., (hereinafter referred to as the “Contractor”) an agreement for
Contract No. C47160, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated April 11, 2024, (hereinafter referred to as “Contract
Documents”), the terms and conditions of which are expressly incorporated herein by reference;
and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, American Asphalt South, Inc., the undersigned Contractor and
________________________________________________ as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of Three million forty-eight thousand nine hundred fifty-two
and 10/100 DOLLARS, ($3,048,952.10), said sum being not less than one hundred percent
(100%) of the total amount of the Contract, for which amount well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney’s
fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by the City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under
434
72500.00001\32656428.1 -13- CONTRACT & BOND FORMS
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section
337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents
or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
435
72500.00001\32656428.1 -14- CONTRACT & BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of ___________________________________________
process in California, if different ___________________________________________
from above)
(Telephone number of Surety ___________________________________________
and Agent or Representative for
service of process in California)
436
72500.00001\32656428.1 -15- CONTRACT & BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
437
72500.00001\32656428.1 -16- CONTRACT & BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to
local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
438
72500.00001\32656428.1 -17- CONTRACT & BOND FORMS
Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert, a Charter City and municipal corporation organized and
operating under the laws of the State of California (hereinafter designated as the “City”), by action
taken or a resolution passed May 23, 2024, has awarded to American Asphalt South, Inc.
hereinafter designated as the “Principal,” a contract for the work described as follows: Contract
No. C47160 (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated April 11, 2024, (hereinafter referred to as “Contract
Documents”), the terms and conditions of which are expressly incorporated herein by reference;
and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing
that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions,
provender, equipment, or other supplies used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, or for amounts due
under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department from the wages of employees of said
Principal and its Subcontractors with respect to such work or labor the Surety on this bond will
pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held
and firmly bound unto the City in the penal sum of Three million forty-eight thousand nine hundred
fifty-two and 10/100 Dollars ($3,048,952.10) lawful money of the United States of America, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors,
heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named
in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in,
upon, for or about the performance of the work contracted to be done, or for any work or labor
thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to
work or labor performed under the contract, or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department or Franchise Tax Board from the
wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation
Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the
same, in an amount not exceeding the sum herein above specified, and also, in case suit is
brought upon this bond, all litigation expenses incurred by the City in such suit, including
reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as
to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released
from the obligation of this bond by any change, extension of time for performance, addition,
alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining
or relating to any scheme or work of improvement herein above described, or pertaining or relating
to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of
439
72500.00001\32656428.1 -18- CONTRACT & BOND FORMS
any terms of payment or extension of the time for any payment pertaining or relating to any
scheme or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions
precedent or subsequent in the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond and that
this bond be construed most strongly against the Surety and in favor of all persons for whose
benefit such bond is given, and under no circumstances shall Surety be released from liability to
those for whose benefit such bond has been given, by reason of any breach of contract between
the owner or the City and original contractor or on the part of any obligee named in such bond,
but the sole conditions of recovery shall be that claimant is a person described in Civil Code
Section 9100, and has not been paid the full amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract to be performed thereunder, shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of Contract, including but not limited to, the provisions
of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
440
72500.00001\32656428.1 -19- CONTRACT & BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
441
72500.00001\32656428.1 -20- CONTRACT & BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local
representatives of the bonding company must also be attached.
END OF PAYMENT BOND
442
Item No.Description Quantity Units Unit Cost Total
1 Mobilization - CV Link Enhancements 1 LS $12,500.00 $12,500.00
2 Traffic Control - CV Link Enhancements 1 LS $25,000.00 $25,000.00
3 Clearing and Grubbing - CV Link Enhancements 1 LS $5,000.00 $5,000.00
4
Remove Existing Striping and Pavement Markings Per
Plans and In Conflict with Proposed Improvements 1 LS $11,000.00 $11,000.00
5
Remove and Dispose of Existing Sign, Post, and
Foundation 8 EA $550.00 $4,400.00
6 Remove and Dispose of Existing Sign 8 EA $275.00 $2,200.00
7
Remove and Dispose of Existing Detectable Warning
Surface 8 EA $550.00 $4,400.00
8 Relocate Existing Sign 4 EA $550.00 $2,200.00
9 Furnish and Install 28" White Flexible Delineator 8 EA $220.00 $1,760.00
10 Furnish and Install Type Q Object Marker 4 EA $165.00 $660.00
11
Furnish and Install Zicla Zebra 9, or Approved Equal, per
Manufacturers Specifications 65 EA $440.00 $28,600.00
12
Furnish and Install Solar-Powered Flashing LED W11-
15(MOD) Sign 1 EA $5,500.00 $5,500.00
13 Furnish and Install New Sign and New Post 36 EA $660.00 $23,760.00
14 Furnish and Install New Sign on Existing Post 37 EA $495.00 $18,315.00
15
Install Thermoplastic CV Link 'Wait Here' Pavement
Marking (to be provided by CVAG)6 EA $550.00 $3,300.00
16
Furnish and Install Thermoplastic Shared-Use path
Pavement Marking 16 EA $990.00 $15,840.00
17
Furnish and Install Preformed Thermoplastic Bicycle/Golf
Cart Lane Pavement Marking 4 EA $1,960.00 $7,840.00
18
Furnish and Install Preformed Thermoplastic CV Link
Conflict Striping 90 LF $165.00 $14,850.00
19
Furnish and Install Thermoplastic Green Bike Lane
Conflict Marking 680 LF $17.60 $11,968.00
20 Paint Type IV(L) Arrow Pavement Marking 3 EA $330.00 $990.00
21 Paint Type VII(R) 10' Arrow Pavement Marking 2 EA $440.00 $880.00
22
Furnish and Install Thermoplastic Type IV(R) Arrow
Pavement Marking at Half the Dimensions of Standard 2 EA $330.00 $660.00
23
Furnish and Install Thermoplastic White Yield Triangles at
Half the Dimensions of Standard Size 56 EA $44.00 $2,464.00
24
Furnish and Install Thermoplastic "Stop" Pavement
Marking at Half the Dimensions of Standard Size 3 EA $550.00 $1,650.00
25
Furnish and Install Thermoplastic "Ahead" Pavement
Marking at Half the Dimensions of Standard Size 2 EA $550.00 $1,100.00
26 Paint “Only” Pavement Marking 2 EA $330.00 $660.00
27
Furnish and Install Detectable Warning Surface Per
Caltrans Standard Plans 8 EA $550.00 $4,400.00
28 Paint Chevron Buffer Hatching 150 SF $11.00 $1,650.00
29 Paint Diagonal Buffer Hatching 11,800 SF $2.20 $25,960.00
CV Link Enhancements and Slurry Seal Project
CV Link Enhancements
American Asphalt South, Inc.
443
30
Paint 8" Diagonal Buffer Hatching at a 45 Degree Angle
(3' O.C. Spacing)500 SF $3.30 $1,650.00
31 Paint 12" White Thermoplastic Limit Line 35 LF $5.50 $192.50
32 Furnish and Install 12" White Thermoplastic Limit Line 25 LF $5.50 $137.50
33
Furnish and Install 12" White Thermoplastic Limit Line
with 2" Black Edge Line 50 LF $22.00 $1,100.00
34
Paint Two-Directional No Passing Pattern (Caltrans Detail
22)460 LF $2.20 $1,012.00
35 Paint Two-Way Left Turn Lane (Caltrans Detail 32)305 LF $2.20 $671.00
36 Paint Lane Drop at Intersections (Caltrans Detail 37B)170 LF $2.20 $374.00
37 Paint Channelizing Line Pattern (Caltrans Detail 38)140 LF $2.20 $308.00
38 Paint Bike Lane Pattern (Caltrans Detail 39)7,850 LF $1.65 $12,952.50
39 Paint Bike Lane Pattern (Caltrans Detail 39A)120 LF $1.10 $132.00
40
Paint Lane Line Extension Through Intersection Pattern
(Caltrans Detail 40)100 LF $1.10 $110.00
Sub Total $258,146.50
Item No.Description Quantity Units Unit Cost Total
41 Mobilization - Traffic Signal Modifications 1 LS $5,500.00 $5,500.00
42 Traffic Control - Traffic Signal Modifications 1 LS $1,650.00 $1,650.00
43 Traffic Signal Modifications 1 LS $78,930.50 $78,930.50
Sub Total $86,080.50
Item No.Description Quantity Units Unit Cost Total
44 Mobilization - Slurry Seal 1 LS $25,000.00 $25,000.00
45 Traffic Control - Slurry Seal 1 LS $115,474.00 $115,474.00
46 Micro Mill Asphalt Concrete 650 LF $25.00 $16,250.00
47
Remove Striping, Pavement Markings, and Pavement
Markers 1 LS $150,000.00 $150,000.00
48 Rubberized Crack Seal / HMA Crack fill 1 LS $319,181.10 $319,181.10
49 Type II Rubberized Slurry Seal 7,000,000 SF $.17 $1,190,000.00
50 Type III Rubberized Slurry Seal 475,000 SF $.25 $118,750.00
51 Signing and Striping - Slurry Seal 1 LS $638,000.00 $638,000.00
Sub Total $2,572,655.10
Item No.Description Quantity Units Unit Cost Total
52 Mobilization - Curb Ramps 1 LS $24,200.00 $24,200.00
53 Traffic Control - Curb Ramps 1 LS $8,800.00 $8,800.00
54 Construct ADA Compliant Curb Ramp 4 EA $15,400.00 $61,600.00
55 Plumb 1A Traffic Signal Pole 2 EA $5,335.00 $10,670.00
56 Install Traffic Signal Pull Box 8 EA $2,250.00 $18,000.00
57 Full-depth Asphalt Concrete 400 SF $22.00 $8,800.00
Sub Total $132,070.00
Grand Total 3,048,952.10
Curb Ramps
Traffic Signal Modifications
Slurry Seal
444
445
446
Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Eric Ceja, Director of Economic Development
Ryan Gayler, Capital Projects Manager
Nick Melloni, AICP, Principal Planner
REQUEST: PROVIDE STAFF DIRECTION ON THE DINING DECK PROGRAM AND
EL PASEO IMPROVEMENT SCHEDULE AND ESTABLISH A LICENSE
AGREEMENT FOR USE OF THE RIGHT-OF-WAY
RECOMMENDATION:
1. Separate the El Paseo Street Rehabilitation project into two separate projects to take place
over two consecutive summers beginning Summer 2024.
2. Allow El Paseo dining deck operators to maintain current operations through May 2025
subject to approval of an annual temporary use permit with removal of the dining decks prior
to Phase Two of the El Paseo Street Rehabilitation project.
3. Establish a License Agreement for dining deck use of the public right-of-way.
4. Provide direction on enforcement of design guidelines.
BACKGROUND/ANALYSIS:
At the November 16, 2023, City Council meeting, the City Council took action to extend the City’s
Dining Deck program through June 30th, 2026. As part of that extension, the City Council also
adopted updates to the Outdoor Dining Deck Design Guidelines and permitting requirements
and directed staff to explore the development of a licensing agreement for use of the public right-
of-way.
On April 11, 2024, the City Council held a study session to review right-of-way use options and
discuss the El Paseo Street Rehabilitation Project (Project). The Project is a resurfacing of the
El Paseo corridor from Highway 74, east to Highway 111, and includes improvements to the
existing mid-block crossings, and installation of two (2) additional mid-block crosswalks west of
Lupine Lane. As originally envisioned, the Project would require the removal of dining decks
along El Paseo for the summer of 2024 and operators would have the option to reinstall them at
the Projects completion. Also at that meeting, City staff proposed three separate options for
possible lease methodologies for use of the public right-of-way which were based on market
lease rates for El Paseo, San Pablo Avenue, and Highway 111. These included an annual lease
rate based on market rate for the right-of-way where the deck is located, a blended market rate,
and a 50% reduction of the blended rate. The City Council discussed a possible right-of-way use
rate based at 50% market lease rates and directed staff to meet with the dining deck operators.
Staff hosted a meeting with dining deck operators on April 2 9, 2024, to inform them of a proposed
licensing agreement requirement and upcoming Project. Operators expressed concern with the
lease methodology and the costs associated with removal and reconstruction of the decks for
the Project. Subsequently, staff met individually with all operators to address specific concerns.
447
City of Palm Desert
Direction on Dining Decks and El Paseo Rehabilitation Project
Page 2 of 3
El Paseo Street Rehabilitation Project:
The street rehabilitation project will require the operators of the dining decks to remove the
structures before the improvements to the roadway begin. The operators requested additional
time to budget for the expense of removing the decks. Staff recommends that a compromise be
made by splitting the project into two phases. The first phase would make improvements to ADA
curb ramps, driveways, sidewalks, and concrete drainage structures. The first phase would be
completed in the off -season of 2024. The second phase would include the improvements to the
asphalt concrete roadway and would be scheduled for the Summer of 2025. Splitting the project
into two phases will help to ensure the project will not spill over into the season.
The construction of the two new mid-block crossings west of Lupine will be included in the
second phase of the project. Staff contemplated the idea of constructing the new mid-block
crossings in the first phase of the project, but ultimately recommends delaying the installation of
the crossings until the rest of the aspha lt concrete work is constructed due to the potential
damage to the crossings and related electrical lighting components .
Dining Deck Removal:
If direction is provided to divide the Project into two Phases and complete each phase in
consecutive summers beginning in 2024, then the first phase of the project will not require
removal of the existing dining decks on El Paseo. However, the second phase of the Project,
beginning in Summer 2025, would require removal of the dining decks from El Paseo and
operators would have the option to replace the dining decks once the Project is complete. By
dividing the project into multiple summers staff anticipates minimal disruption to the street during
“season” as work should be completed by mid-September of each year. This will allow operators
to budget and plan accordingly for deck removal by mid-2025.
Dining Deck Lease/Licensing Agreement:
In meeting with operators and property owners staff learned that many are not charged a lease
for patio and/or outdoor space. Operators also expressed concerns with any lease amount for
the decks as the decks are not in use during the summer months due to the outdoor
temperatures. At the April 11, 2024, City Council meeting, the City Council indicated that a 50%
market lease rate should be explored. Since operators will only recognize the benefits of these
decks for one additional year, staff is recommending a 25% market lease rate based on the
blended rate previously presented at the City Council Study Session.
The market rates used for the blended rate total are listed below:
Area Annual Market Rate SF/Year*
El Paseo (Portola to Hwy 74) $34.82 per SF
San Pablo (San Gorgonio to Highway 111 $23.50 per SF
Highway 111 Frontage Roads (Portola to Monterey) $26.62 per SF
Blended Average Market Rate $28.31 per SF
*Source: CoStar
448
City of Palm Desert
Direction on Dining Decks and El Paseo Rehabilitation Project
Page 3 of 3
The table below provides an estimate of the total payment each restaurant would pay under this
rate at the 100%, 50%, 33% and 25% rates:
Restaurant Approximate
Deck Square
footage SF*
Annual
Lease
Blended
Rate 100%
Annual Lease
Blended Rate
50% Total
Annual
Lease
Blended
Rate 33%
Total
Annual
Lease
Blended
Rate 25%
Total
Rate $2831 SF/Yr $14.16 SF/Yr $9.34 SF/Yr $7.08 SF/Yr
Armando's
Bar and Grill
889 SF $25,168 $12,584 $8,305 $6,292
Daily Grill 254 SF $7,191 $3,595 $2,373 $1,798
Kitchen 86 635 SF $17,977 $8,988 $5,932 $4,494
Mamma Gina 554 SF $15,684 $7,842 $5,176 $3,921
Piero's Pizza
Vino
318 SF $9,003 $4,501 $2,971 $2,251
Sweet Basil 597 SF $16,901 $8,451 $5,577 $4,225
The Fix 856 SF $24,233 $12,117 $7,997 $6,058
Potential Lease Rev to City $116,157 $58,078 $38,331 $29,039
*Square footage is an estimate only
In the event that the selected dining deck lease rate exceeds the square foot rate a restaurant
operator pays to lease their building space, the City Council may consider implementing a “relief”
for a reduced rate: the restaurant operator would be required to provide proof of a lease
agreement, entered into legally with their landlord on or prior to January 1, 2024, to the City for
review. If accepted, the City may reduce the rate to an amount equal to the rate paid by the
restaurant to lease their building space.
Staff will return with a formal resolution to adopt the lease rate selected by the City Council.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
Based on current estimates of Deck Square Footage, staff’s recommendation of the 25% market
lease rate would generate $29,039 to the General Fund for FY 2024-25.
449
450
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw:
Date:Thursday, May 9, 2024 3:19:36 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Lili
Sent: Monday, April 29, 2024 14:53
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject:
What in the world is wrong with the council people of Palm Desert!??? To remove the
patios along El Paseo and 111 so that the decks are no longer available for
restaurants??? You people should focus on the real problems of the desert and not
the outside decks that people love!!!!
451
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Deck Regulations for restaurants
Date:Thursday, May 9, 2024 3:19:34 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Mark Chiaramonte
Sent: Monday, April 29, 2024 14:53
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Deck Regulations for restaurants
Dear City Council,
California is an extremely expensive environment to have a small business.
During COVID, regulations for out door dining were relaxed to allow decks.
I would ask that you not take away a business’s ability to continue to generate revenue amd keep
employees employed.
My upcoming vote will be determined by the council’s vote on this issue. Any incumbent that votes
to take away decks will not receive my vote.
Thank you,
Mark Chiaramonte
Sent from my iPhone
452
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Leave the Dining Decks alone!
Date:Thursday, May 9, 2024 3:19:29 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Jason Ellet
Sent: Monday, April 29, 2024 15:03
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Leave the Dining Decks alone!
To whom may concern at City of Palm Desert,
Please remove your new guidelines pertaining to the dining decks of Restaurants on El Paseo and
Highway 111 in the city of Palm Desert, they allow for businesses to continue to operate at a
reasonable capacity. Sometimes restaurants are already crowded as enough as it is with the decks,
We don’t need to make it impossible to get a table because they lose that capacity.
Thank you,
Resident of Palm Desert for seven years
Jason Ellet
453
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Please keep the big outdoor decks in Palm Desert
Date:Thursday, May 9, 2024 3:19:23 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Carol Jackson
Sent: Monday, April 29, 2024 15:21
To: Community Relations <CommunityRelations@palmdesert.gov>
Cc: Ronald Kolodziej
Subject: Please keep the big outdoor decks in Palm Desert
As a homeowner in Palm Desert Way), I'm concerned about the possible elimination of
outdoor decks on Highway 111 and El Paseo. If outdoor decks are eliminated, businesses will suffer
greatly, patrons will not be allowed to enjoy the outdoors while dining, and dogs cannot accompany
owners. It's a losing proposition, and it must not happen. There's no good reason to eliminate the decks
and several good reasons to keep them.
Please keep the outdoor decks.
With regards,
Carol Jackson
454
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outdoor dining decks
Date:Thursday, May 9, 2024 3:19:19 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Britany Ali
Sent: Monday, April 29, 2024 15:39
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Outdoor dining decks
To Whom it May Concern ,
I am a Rancho Mirage soon to be Palm Desert full time resident
It is brought to my attention that you are trying to take away the
restaurants option for having outdoor dining decks
One aspect & bi product of the COVID Pandemic is these new
outdoor dining options .
It ads to the charm of the city , it gives patrons an option even
now if they prefer to dine al fresco & I think it is a HUGE
attraction for most of the businesses who have had outdoor
dining . Why ever would you the City of Palm Desert evr want to
limit your small restaurant business owners who have thrived as
a result of having the outdoor dining option?
Shame ! Please do consider the voice of the community at large
as well as the proprietors of these local havens we are so glad
are serving food fun & drinks
The outdoor dining option is amazing for moms and families & to
take this away would be a real mistake .
Please consider the voices of the community .
With Respect ,
Britany Levinson & family
7DESIGN
455
456
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save the decks!
Date:Thursday, May 9, 2024 3:19:14 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: lauren finch
Sent: Monday, April 29, 2024 15:51
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save the decks!
Sent from Yahoo Mail for iPhone
457
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Restaurant Dining Decks
Date:Thursday, May 9, 2024 3:19:09 PM
Attachments:Outlook-xagqvk2v.png
pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Wilver Gonzalez
Sent: Monday, April 29, 2024 15:53
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Restaurant Dining Decks
Good Afternoon,
It has been brought to our attention that the city of Palm Desert is attempting to eliminate all dining
decks in Palm Desert and El Paseo. This is a terrible mistake as it has significantly improved our
community. It allows us to enjoy our beautiful weather, bring our pups to eat with us, and adds charm
to our community.
I will voting against any incumbent that votes to eliminate dining decks in Palm Desert.
Thank you,
458
Wilver Gonzalez-Galdamez DPT
Clinic Director
La Quinta
wgonzalez@allstarphysicaltherapy.org
760-771-9054
79-440 Corporate Center Dr Suite 112
La Quinta, Ca 92253
allstarphysicaltherapy.net
459
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Please keep the Dining Decks on El Paseo!
Date:Thursday, May 9, 2024 3:19:09 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: James Welch
Sent: Monday, April 29, 2024 15:56
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Please keep the Dining Decks on El Paseo!
I'm a recent full time resident of Palm Desert and can say that the outdoor dining option along
El Paseo (which I can walk to) was one of the key reasons we chose PD over other Valley
cities. Please do not harm businesses and the fun of residents by outlawing or substantially
reducing them.
460
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Deck dining on El Paseo & Hwy 111
Date:Thursday, May 9, 2024 3:19:01 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: RSVP
Sent: Monday, April 29, 2024 16:27
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Deck dining on El Paseo & Hwy 111
We LOVE all of the outdoor space at restaurants that Covid created and PLEASE DO NOT remove
them!! Dining outside makes this area even cooler than it already is!!!
#Welikebigdecks!!
Sincerely,
Palm Desert homeowner!
Sent from my iPhone
461
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: We like big decks!
Date:Thursday, May 9, 2024 3:18:57 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Arianna
Sent: Monday, April 29, 2024 16:31
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: We like big decks!
To whom it may concern,
I have spent half time in Palm Desert for 3 years and absolutely love the community and the
surrounding small businesses. The decks are what makes El Paseo and 111 restaurants
amazing!! People love being outdoors, not to mention small business having an outside space
to generate additional revenue.
Please reconsider this decision to remove the decks or make them obselete. I'm a restaurant
tour and have been involved in the F&B business for almost half of my life, my business
partner and I are seriously considering opening up a restaurant or small Lounge type bar but
this decision would be a very big deterrent to us with our business plan.
PALM DESERT NEEDS BIG DECKS!
Thank you.
Arianna Courte
CEO
Wine N Dine
462
463
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Regarding decks
Date:Thursday, May 9, 2024 3:18:50 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From:
Sent: Monday, April 29, 2024 16:35
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Regarding decks
To whom it may concern,
I have spent half time in Palm Desert for 3 years and absolutely love the community and the
surrounding small businesses. The decks are what makes El Paseo and 111 restaurants
amazing!! People love being outdoors, not to mention small business having an outside space
to generate additional revenue.
Please reconsider this decision to remove the decks or make them obselete. PALM DESERT
NEEDS THEM!
Thank you.
Arianna
CEO
www.CourteConsulting.com
This email and any files transmitted with it are confidential and intended solely for the use of
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please notify the system manager. This message contains confidential information and is
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464
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mistake and delete this e-mail from your system. If you are not the intended recipient you are
notified that disclosing, copying, distributing or taking any action in reliance on the contents
of this information is strictly prohibited. 2023, Courte Consulting, USA.
465
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save our decks and parklets!
Date:Thursday, May 9, 2024 3:18:44 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Gina DeMaria
Sent: Monday, April 29, 2024 16:45
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save our decks and parklets!
Good afternoon City of Palm Desert,
We love outdoor dining! We love our parklets and decks. Please don’t take them away and
please don’t make them difficult for business owners to keep.
As you know, these businesses worked very hard to stay alive during Covid and suffered a
great financial loss. We should work with them to keep them alive.
I’m unsure of the reason behind this decision. I can’t find any.
Please reconsider.
Thank you,
Gina DeMaria
466
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Decks on El Paseo - KEEP THEM!
Date:Thursday, May 9, 2024 3:18:39 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Jonathan Brannon
Sent: Monday, April 29, 2024 16:52
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Decks on El Paseo - KEEP THEM!
In your upcoming discussions on decks on El Paseo - your community majority is in support
of keeping them.
As a city we need to take advantage of helping our local business owners build their
businesses up, not insist they shrink and contract. Growth of local business increases jobs,
revenue and as a result income to the city through higher tax revenues.
Keep the decks!!!
#youlikebigdecks
Respectfully
Jon Brannon
467
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: New outdoor dining changes
Date:Thursday, May 9, 2024 3:18:33 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Tori Montgomery
Sent: Monday, April 29, 2024 17:27
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: New outdoor dining changes
Hi,
I’m a La Quinta resident but spend a significant amount of time each week in Palm Desert. Over the
past few years, outdoor dining has become part of the charm of the city and allows small businesses
to cater to more customers.
I really am discouraged by the changes that are being made, especially as it seems as though it’s just
a way for you to grab more money from places that make this city so special. Either that or you want
to kill the specialness that these spaces have allowed our community to get together and meet fellow
residents.
Please reconsider,
Tori
—
Tori Montgomery
468
469
470
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outdoor dining guidelines
Date:Thursday, May 9, 2024 3:18:20 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Dave Marmon
Sent: Monday, April 29, 2024 19:19
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Outdoor dining guidelines
Hello,
I recently learned about pending guidelines that would ban outdoor dining and decks on El Paseo
and HWY 111. As a Palm Desert resident I would like to voice my opposition to these changes.
Outdoor dining and seating is an essential part of life in the city today. It makes the areas more
vibrant and fun, brings a sense of community, brings in money for businesses and most importantly
lets us all take advantage of our greatest asset, our beautiful weather and scenery.
Please consider allowing current guidelines for outdoor dining and decks to remain in place.
Thank you,
Dave Marmon
471
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Please leave the outdoor decks!
Date:Thursday, May 9, 2024 3:18:15 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Colm Smith
Sent: Tuesday, April 30, 2024 7:34
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Please leave the outdoor decks!
Thanks!
Colm
472
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Keep the decks and patios
Date:Thursday, May 9, 2024 3:18:08 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Joe Mulhearn
Sent: Tuesday, April 30, 2024 7:35
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Keep the decks and patios
Its nice to go to Palm Desert and sit out on the outside decks or patios at places
along 111.
Please keep that available. Thanks.
Joe
473
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Dining Decks
Date:Thursday, May 9, 2024 3:18:08 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Allison Linnell
Sent: Tuesday, April 30, 2024 7:36
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Dining Decks
I do hope you do not do away with dining decks. There are a few restaurants that really rely
on these decks and I love being able to dine outdoors.
Allison Linnell
474
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Little bar dining deck
Date:Thursday, May 9, 2024 3:18:04 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Dave Costello
Sent: Tuesday, April 30, 2024 7:50
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Little bar dining deck
Please do not force Little Bar restaurant & bar to remove their beautiful and well constructed patio
seating area.
This patio adds much needed room and ambiance to this fantastic restaurant & bar and still allows
for ample parking spaces.
Little Bar was forced to build out this patio during covid just to stay in business and should not be
penalized by losing it.
Please allow Little Bar to keep their beautiful & functional patio in Palm Desert.
Regards,
Dave Costello
(Little Bar patron )
475
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: BIG DECKS-THE LITTLE BAR
Date:Thursday, May 9, 2024 3:17:57 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: harley@isomedia.com
Sent: Tuesday, April 30, 2024 7:51
To: Community Relations <CommunityRelations@palmdesert.gov>
Cc:
Subject: BIG DECKS-THE LITTLE BAR
Good Morning City of Palm Desert,
I have a home at in Palm Desert and my wife and I enjoy going
to the Little Bar on HWY 111 to enjoy Taco Tuesday. Their establishment is
small inside and so they have a large deck outside to accommodate their
customers. We enjoy being outside and enjoy their food and their spirits. If the
outside decking is removed this establishment would not survive and the
employees would need to be let go. I am not in favor of removing decks from the
ambiance of Palm Desert.
Harley O’Neil, Jr.
Palm Desert, CA 92260
476
477
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Decks
Date:Thursday, May 9, 2024 3:17:55 PM
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Carol Long
Sent: Tuesday, April 30, 2024 7:51
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Decks
I find no objection to the decks on 111. I think El Paseo are okay as well.
Carol Long
Palm Desert 92360
Sent from AT&T Yahoo Mail for iPhone
478
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outdoor dining on the decks!
Date:Thursday, May 9, 2024 3:17:50 PM
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Kate Spates
Sent: Tuesday, April 30, 2024 7:51
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Outdoor dining on the decks!
Dear Palm Desert Community Relations Manager,
If you've ever traveled to virtually any European city or any place with weather a fraction of
how glorious our weather is, you would see people dining outdoors on sidewalks, walkways
and yes, streets. We must save the outdoor dining decks in Palm Desert.
The only good thing that came from the pandemic is the pivot to outdoor dining with these
parklet decks. Places like Kitchen 86, Armando's, Sweet Basil, il Corso and the Fix became
our new favorites because we had the ability to enjoy our beautiful weather while we dine. It
felt very European or coastal and it begged the question, "why wouldn't we have this all the
time?"
Hearing that the city has introduced new guidelines that would have business owners paying
rent, in many cases more than what they pay per square for for interior space, along with
expensive tear down and rebuild orders only to guarantee they could stay for a year is just
anti-business. It will kill some businesses, people will lose jobs and it's just anti-common
sense! All coming right before businesses suffer in the summer. Who thinks this is a good
idea?
I urge you to reconsider and hear from the community you serve.
479
480
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Dining Decks
Date:Thursday, May 9, 2024 3:17:43 PM
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icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Deb Kallok
Sent: Tuesday, April 30, 2024 7:55
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Dining Decks
Please save the dining decks in Palm Desert. It’s been really nice having the outdoor dining since
Covid hit us in 2020. Some people still do not like to eat indoors because of Covid and some of the
establishments are small inside
Sincerely,
Deborah A Kallok
Palm Desert Resident
Sent from my iPhone
481
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: RESTAURANT OUTDOOR DINING DECKS
Date:Thursday, May 9, 2024 3:17:40 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: L. Price
Sent: Tuesday, April 30, 2024 8:00
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: RESTAURANT OUTDOOR DINING DECKS
I have been a resident of the valley for 42 years, and I'm horrified that you are planning to outlow restaurants' large
dining outdoor decks. First of all, restaurants are still recovering from losing so much during Covid shut-downs.
Secondly, they are all very nicely built with lovely flowers and decorations, and not only tourists, but residents
enjoy dining outside. And, it's probably healthier for us to remain outside. Covid is still out there, as are lots of
other viruses, and people are safer dining outside. These decks are not hindering traffic on El Paseo (I use El Paseo
several times a week in my travels around town). I very much enjoy dining out at all the outdoor spots on El
Paseo.
Please reconsider this plan and allow these restaurants to have their outdoor dining spaces so they can continue to
serve more people in our beautiful desert and enjoying our beautiful desert vistas while doing so. After all, that's
what our cities here advertise the most about - OUR SCENERY. Let us enjoy it while dining too.
Thank you for considering.
Lorraine Price
Palm Desert, CA
Virus-free.www.avast.com
482
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Keep the Decks
Date:Thursday, May 9, 2024 3:17:39 PM
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From:
Sent: Tuesday, April 30, 2024 8:01
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Keep the Decks
To PD City Council:
In response to your efforts to regulate and basically wipe out the remaining decks that are
remaining on El Paseo and along Hwy 111. I strongly feel that the decks are a plus to the city
and to the restaurants that utilize them. As a desert resident who has been in the area since
1968 I remember the days when El Paseo was a sleepy street that used to close by 3pm with
hardly any restaurants along the corridor. These decks have helped make it a vibrant area that
people want to visit and frequent often. If you loose the decks you lose additional revenue the
city needs too keep the city moving forward as a hospitality area. Remember our desert cities
are a hospitality area that this type of business is built on! I feel that you are going in the
wrong direction and should be promoting these even more! If you have ever traveled to any
European city such as Paris or Rome outdoor dining is at the heart of their success! Don’t
listen to the negative people against these proven methods of attracting tourist and patrons!
There has never been more tourist visiting the PD area and the decks have helped make it that
way! Move forward not backwards!!!!
SAVE THE DECKS!!!!
483
484
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Dining decks on El Paseo
Date:Thursday, May 9, 2024 3:17:36 PM
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Rod Duncan
Sent: Tuesday, April 30, 2024 8:07
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Dining decks on El Paseo
Every few months my wife and I dine at the Daily Grill and always
ask to be seated outside. We love to people and car watch. I hope
you reconsider your decision to restrict dinning decks.
Rod Duncan
Indio CA
Sent from my iPad
485
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Allow the outdoor decks
Date:Thursday, May 9, 2024 3:17:28 PM
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Colin Taylor
Sent: Tuesday, April 30, 2024 8:05
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Allow the outdoor decks
Please allow the restaurants in Palm Desert to have the outdoor decks.
Colin Taylor
486
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save the Decks
Date:Thursday, May 9, 2024 3:17:20 PM
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icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: swjwwj jenkins
Sent: Tuesday, April 30, 2024 8:05
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save the Decks
Please save the dining decks. They add a great deal of ambiance to the street scene...Walter
Jenkins
Walter Jenkins
487
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Keep the Decks
Date:Thursday, May 9, 2024 3:17:11 PM
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icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Remus Haste
Sent: Tuesday, April 30, 2024 8:10
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Keep the Decks
Dear City:
Can you stop being so good at putting businesses out of business, you bow down to the few
complainers at the needs of the many.
Sent from my iPhone
Sincerely,
Remus Haste
488
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw:
Date:Thursday, May 9, 2024 3:17:08 PM
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Lili
Sent: Tuesday, April 30, 2024 8:23
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject:
What in the world is wrong with the council people of Palm Desert!??? To remove the
patios along El Paseo and 111 so that the decks are no longer available for
restaurants??? You people should focus on the real problems of the desert and not
the outside decks that people love!!!!
489
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outdoor dining
Date:Thursday, May 9, 2024 3:17:04 PM
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icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Cindy Walsh
Sent: Tuesday, April 30, 2024 8:26
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Outdoor dining
I'm writing to say - leave the decks! Leave the outdoor dining.
PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!
I am a year round resident of PD.
Cynthia Walsh
490
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save the Decks
Date:Thursday, May 9, 2024 3:16:59 PM
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icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Lisa Jacques
Sent: Tuesday, April 30, 2024 8:42
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save the Decks
I Love sitting on the outside decks. Please save them
Thank you
Lisa Jacques
Sent from my iPhone
491
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Open decks
Date:Thursday, May 9, 2024 3:16:50 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: William Moreno
Sent: Tuesday, April 30, 2024 8:57
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Open decks
I like the idea of open decks outside of restaurants. When the weather is good it’s the best way to
enjoy a great meal. My friends Dom out of town love to visit these locations on El Paseo.
Sent from my iPad
492
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Patio decks
Date:Thursday, May 9, 2024 3:16:43 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Russell Nash
Sent: Tuesday, April 30, 2024 9:09
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Patio decks
We need to keep the decks in El Paso
Sent from my iPhone
493
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: #youlikebigdecks
Date:Thursday, May 9, 2024 3:16:37 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: James Linnell
Sent: Tuesday, April 30, 2024 9:27
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: #youlikebigdecks
494
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: We want Big Decks
Date:Thursday, May 9, 2024 3:16:35 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Patrick Overturf
Sent: Tuesday, April 30, 2024 9:35
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: We want Big Decks
The one good thing that came out of Covid was the outdoor dining. People still don’t like
being inside especially with people still getting sick.
We hope that you will reconsider the removal of outdoor eating decks on El Paseo and
Highway 111.
Thanks,
Patrick Overturf
495
496
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save the decks
Date:Thursday, May 9, 2024 3:16:24 PM
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icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Doug Bryant
Sent: Tuesday, April 30, 2024 9:49
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save the decks
As a resident of Palm Desert I would like to see the patio decks remain. Not everyone likes to eat
inside a dark and dank restaurant.
Sent from my iPhone
497
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: #welikebigdecks
Date:Thursday, May 9, 2024 3:16:21 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From:
Sent: Tuesday, April 30, 2024 9:54
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: #welikebigdecks
Please do not remove the deck of Little Bar et al….Peter Smith, Rancho Mirage
498
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: #ilikebigdecks
Date:Thursday, May 9, 2024 3:16:15 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Allen Nicely
Sent: Tuesday, April 30, 2024 10:10
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: #ilikebigdecks
Outdoor dining is what California is all about. Don't close a good thing. If outdoor was good with
Covid it's better without
Allen Nicely
499
500
501
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Temporary Decks
Date:Thursday, May 9, 2024 3:16:02 PM
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Lynn STOLLER
Sent: Tuesday, April 30, 2024 10:20
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Temporary Decks
I realize that temporary outdoor decks were allowed during COVID to allow
restaurants to serve outside when service was not possible inside. This saved many
restaurants as well as people's sanity. They also provided new visibility to restaurants
and, for those who survived, an ability to expand and thrive in a new, creative way.
While I live in Indio now, I lived in Palm Desert in 2020. My children and grandchildren
live there now. Palm Desert and all its many restaurants are near and dear to me.
Please don't take the decks away.Sincerely,
502
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Please Please Please continue with the restaurant decks on El Paseo and 111
Date:Thursday, May 9, 2024 3:15:58 PM
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Don Leve
Sent: Tuesday, April 30, 2024 10:34
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Please Please Please continue with the restaurant decks on El Paseo and 111
YES. PLEASE CONTINUE WITH RESTAURANT DECKS ON EL PASEO AND 111.
THEY MAKE DINING ENJOYABLE.
Best regards,
Don Leve
Sent from my MacBook Pro
503
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save the restaurant decks on El Paseo Palm Desert
Date:Thursday, May 9, 2024 3:15:53 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: John Reynolds
Sent: Tuesday, April 30, 2024 10:46
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save the restaurant decks on El Paseo Palm Desert
Sent from my iPhone
504
505
506
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Decks on El Paseo
Date:Thursday, May 9, 2024 3:15:35 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: SUZANE WILBUR
Sent: Tuesday, April 30, 2024 11:10
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Decks on El Paseo
Please do not eliminate the restaurant decks on El Paseo. They are a unique dining experience,
especially during times when the indoor part of the restaurants are at capacity. Also, during the
summer, the decks provide shade for diners.
Thank you.
Suzane and Pat Wilbur
Palm Desert, CA
507
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: We like big decks!!
Date:Thursday, May 9, 2024 3:15:31 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Neil Linder
Sent: Tuesday, April 30, 2024 11:38
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: We like big decks!!
We like big decks they make dining and drinking more interesting yes to decks to eat and drink on!!
Neil Linder
Sent from my iPhone
508
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: We like Big Decks
Date:Thursday, May 9, 2024 3:15:27 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Victoria Kaminsky
Sent: Tuesday, April 30, 2024 11:44
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: We like Big Decks
Please keep the big decks for dining near El Paseo and Highway 111 in Palm Desert.
We would really disappointed since we dine in these areas outside all the time.
Thank you
Vicki Kaminsky
509
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: #ilikebigdecks
Date:Thursday, May 9, 2024 3:15:23 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Kim Kambo Pura
Sent: Tuesday, April 30, 2024 11:47
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: #ilikebigdecks
Save the decks! Please they make certain places like Little Bar so special and would be detrimental
to their business.
Kim Mathis
510
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outside dining decks
Date:Thursday, May 9, 2024 3:15:16 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
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Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Russ Omey
Sent: Tuesday, April 30, 2024 13:08
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Outside dining decks
Please do not eliminate outside dining decks. It's great to sit outside in beautiful Palm Desert
weather and enjoy food and drinks. We like big decks on El Paseo and Highway 111. Thank
you.
Russ & Colette Omey (residents for 21 years)
511
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save the decks
Date:Thursday, May 9, 2024 3:15:09 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Colleen Armstrong
Sent: Tuesday, April 30, 2024 13:24
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save the decks
Hello,
Please allow the extended dining patios for the restaurants on el Paseo and 111 to remain open
We have enjoyed many times on these patios during and post Covid, and I am sure it has allowed the
businesses to recoup/recover from the devastation they faced during the pandemic.
Considering how busy most of the patios seem to be, it would be yet another blow to an already
struggling sector of our small businesses.
Thank you very much for your time and we truly hope the city of Palm desert reconsiders closing the
decks/patios, and considers the long term success of our bars and restaurants.
Best regards,
Colleen Armstrong
512
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Please don"t get rid of outdoor dining!
Date:Thursday, May 9, 2024 3:15:04 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Sherri Marmon
Sent: Tuesday, April 30, 2024 13:29
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Please don't get rid of outdoor dining!
To the City of Palm Desert:
I am a Palm Desert resident and just learned that you are trying to enforce
new guidelines to eliminate dining decks on El Paseo and Highway 111. I
felt the need to voice my objection to your proposed new guidelines and
urge you to please allow restaurants to keep their outdoor dining decks.
Many businesses invested a lot of time and money building outdoor dining
spaces during a time when it was a struggle just to stay afloat. Now with
nationally rising food and other costs it's hard enough to keep any
business going. These dedicated local businesses (and yes, we're mostly
talking about locally-owned, non-chain businesses) contribute hugely to
our community and give patrons like me a much-needed sense of
belonging that becomes more important every day.
The last thing you should do is make it even more difficult for our local
businesses to stay afloat, or to punish local residents by removing crucial
communal gathering spaces where we can support our local businesses. I
see no benefit to removing outdoor dining decks. Abundant parking is
already available around both El Paseo and 111 so there is no pressing
513
need to free up more pavement. Your proposal would only have the
opposite effect: making it harder (or sometimes impossible) for customers
to patronize smaller establishments during busy times if space were to be
limited to indoor seating. Not to mention, a big reason many of us choose
to live here is the views, and outdoor dining allows us to take advantage of
the surrounding beauty as much as possible.
Please keep outdoor dining decks alive in Palm Desert.
Respectfully,
Sherri Marmon
514
515
516
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Big decks
Date:Thursday, May 9, 2024 3:14:54 PM
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icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Larry Kaminsky
Sent: Tuesday, April 30, 2024 14:33
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Big decks
We love the big decks. That is one of the unique features of the Palm Desert restaurants.
Please don’t get rid of them
Thanks
Larry Kaminsky
Sent from my iPhone
517
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save the Decks
Date:Thursday, May 9, 2024 3:14:52 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From:
Sent: Tuesday, April 30, 2024 14:50
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save the Decks
There are few positives that came from the COVID crisis that crippled many of us mentally and
emotionally. One of them was the extended outdoor dining along El Paseo. It definitely breathed a
more vibrant feel to the stretch. Hearing murmurs that you are considering eliminating these outdoor
patio spaces and as a Palm Desert tax payer and year round resident, that is incredibly disappointing.
I certainly hope the city will be sharing with the community their reasoning behind this decision.
SheriMW
518
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Restaurant decks
Date:Thursday, May 9, 2024 3:14:49 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Jim Ventris
Sent: Tuesday, April 30, 2024 16:21
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Restaurant decks
As Palm Desert residents we prioritize where we dine by access to their outside decks. Please do not
change the current policies. It would harm local restaurants and reduce revenue.
Jim Ventris
Sent from my iPhone
519
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Deck removal on El Paseo
Date:Thursday, May 9, 2024 3:14:45 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Marci OBrien
Sent: Tuesday, April 30, 2024 15:42
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Deck removal on El Paseo
To whom it may concern,
Please keep the decks! They have become one with the area & are very important as the
restaurants we go to need them so we can get a seat as there is increased visitors to the area all
year now!
Make it a Delightful Day!
Cheers!
Marci O'Brien
520
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save outdoor dining decks
Date:Thursday, May 9, 2024 3:14:37 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Barbara Johns
Sent: Tuesday, April 30, 2024 15:58
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save outdoor dining decks
Please don’t be shortsighted enough to remove the outdoor dining decks that expand our local
restaurants and their footprints. These add an ambience and friendly atmosphere all around our city,
and saddling restaurant owners with unwieldy restrictions and unconscionable “fees” is both unfair
and ridiculous.
The city is raking in taxes all over the place (think surf park) and can certainly afford to give
restauranteurs a break.
What is your ultimate goal? To squeeze more money out of an already-stressed component of our
community?
How about focusing instead on making this a more charming place to live?
We love the outdoor dining decks and El Paseo needs them along with everyone else.
Barbara Johns
Palm Desert
521
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outdoor decks.
Date:Thursday, May 9, 2024 3:14:33 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Glen Brook
Sent: Tuesday, April 30, 2024 16:14
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Outdoor decks.
We like big outdoor decks. Please do not cut them back when they have been a huge success
especially when visitors come to Palm Desert. They tell us it is like a touch of Europe. Please do not
get rid of something that has helped ElPaso thrive again.
Sent from my iPhone
522
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Concerns Over Proposed Fees for Outdoor Decks on El Paseo and Highway 111
Date:Thursday, May 9, 2024 3:14:25 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Rich Barnes
Sent: Tuesday, April 30, 2024 16:29
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Concerns Over Proposed Fees for Outdoor Decks on El Paseo and Highway 111
Dear Palm Desert City Council Members,
I hope this message finds you well. I am writing to express my concern regarding the proposed
fees for outdoor decks used by restaurants along El Paseo and Highway 111. As a resident of
Palm Desert, these outdoor spaces are essential for maintaining the unique character and
appeal of our community.
The decks not only add a vibrant atmosphere but also serve as welcoming spaces for people of
all ages, from the young to the elderly and families. They are crucial for enjoying the outdoor
lifestyle that is a hallmark of living in Palm Desert. These spaces provide a dynamic
environment that cannot be replicated by mere parking spots. Removing or reducing these
vital areas in favor of additional parking would not only diminish our city's charm but could
also negatively impact the local economy, which benefits from the attractive, pedestrian-
friendly settings that these decks provide.
Moreover, these outdoor decks are more than just dining areas; they are community hubs
where memories are made and local culture is celebrated. Imposing onerous fees on these
spaces could discourage business owners from maintaining or expanding outdoor seating
areas, potentially leading to a less vibrant community space.
I urge the council to consider these points and the long-term impacts of the proposed fees on
523
524
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Patios are dog friendly
Date:Thursday, May 9, 2024 3:14:18 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Scott Hendrickson
Sent: Tuesday, April 30, 2024 16:38
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Patios are dog friendly
We moved to Palm Desert just over a year ago and we like taking our dog to the patios like Kitchen
86 and especially Little Bar. Please allow these patio spaces to remain open.
Regards,
Scott Hendrickson
525
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outdoor dining decks on El Paseo
Date:Thursday, May 9, 2024 3:14:15 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: J. J.
Sent: Tuesday, April 30, 2024 16:55
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Outdoor dining decks on El Paseo
Who would want to eat on a busy road with all the smog exhaust, heat, dust, sand, etc. it
makes no kind of sense to me whatsoever.
I say get rid of them .
They're slowing down traffic
Sincerely
John Jeffreys
Palm Desert, CA 92260
526
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Palm Desert Restaurant Decks
Date:Thursday, May 9, 2024 3:14:13 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Jill Maroney
Sent: Tuesday, April 30, 2024 17:58
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Palm Desert Restaurant Decks
Dear City of Palm Desert,
Please let our restaurants who put decks in during Covid keep them! It is one of the best things
to happen in the city,
making it feel so much more like a neighborhood. It's so lovely to be able to sit out in the
beautiful weather and enjoy
visiting with friends and a lovely meal.
Thank you for your consideration,
Jill Maroney
(
527
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outside dining decks
Date:Thursday, May 9, 2024 3:14:11 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: KENNETH MCDOW
Sent: Tuesday, April 30, 2024 17:27
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Outside dining decks
I do not know why this is being discussed. Everyone enjoys the option of sitting inside or
outside. Plus it allows for additional seating to eliminate waiting times. I eat out at least 4
times a week and do sit outside. Most people have commented it feels like Europe. Also with
more business there are more tax dollars.
528
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save the decks!
Date:Thursday, May 9, 2024 3:13:59 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Dan Krause
Sent: Tuesday, April 30, 2024 18:06
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save the decks!
Dear Palm Desert Community Leaders,
My understanding is that there is pending decisions that may effect outside dinning along El Paseo
and HWY 111. As a resident and property owner of Palm Desert, I have been become a fan of
outdoor dinning on these Covid era decks. I have to say I was not a fan to begin with. My fears at
first were regarding accidents and sidewalk blocking. I walk and drive on El Paseo and 111 all the
time and my fears were unwarranted. They provide delightful outdoor dinning options, more
capacity which is good for restaurants, good for consumers and good for jobs!!
I encourage you to weigh your decision carefully and consider the wildly good these structures
provide verses the very little problems they have caused. Lets error on the side of our businesses,
our consumers and our seasonal visitors!!
Thank you so much!
Dan Krause
Palm Dessert, CA 92260
Sent from my iPhone
529
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save the decks
Date:Thursday, May 9, 2024 3:13:56 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Kelly Taylor
Sent: Tuesday, April 30, 2024 18:57
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save the decks
To whom it may concern,
Please allow palm desert restaurant and bars to maintain their outdoor seating, patios and decks.
We thoroughly enjoy experiencing the city via outdoor seating at local establishments. It is a huge
draw for visitors and locals alike.
But more importantly, the success of small businesses and jobs may depend on the ability to
accommodate guests in this fashion.
My family has been in this area since 2017.
Sincerely,
Kelly Taylor
530
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Please save the decks!
Date:Thursday, May 9, 2024 3:12:35 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Janet Haire
Sent: Tuesday, April 30, 2024 20:35
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Please save the decks!
Please allow our restaurants to keep their decks, especially Little Bar, The Fix, Daily Grill….
Thank you
Janet
Sent from my iPhone
531
532
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Dining Decks
Date:Thursday, May 9, 2024 3:12:24 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Jack Allen
Sent: Wednesday, May 1, 2024 6:56
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Dining Decks
Good morning,
Please review again and reduce the fee for the dining decks at our local restaurants.
#youlikebigdecks
Respectfully,
Virus-free.www.avast.com
533
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Restaurant Dining Decks
Date:Thursday, May 9, 2024 3:12:21 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Fredy Gerber
Sent: Wednesday, May 1, 2024 8:03
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Restaurant Dining Decks
Hello,
The dining decks on El Paseo and elsewhere in Palm Desert add A LOT of
pleasure and sophistication to our city.
They are a very welcome addition. One of the very few positive things
to come out of the pandemic.
This is so much more inviting to the entire El Paseo experience.
More lively and less corporate and boring.
Should they be diminished or eliminated we'd be more likely to go back to
Palm Springs for dining and cocktails instead.
Please don't mess it up!
Regards,
Fred
534
535
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw:
Date:Thursday, May 9, 2024 3:12:18 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Lorraine Sharp
Sent: Wednesday, May 1, 2024 8:48
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject:
I’m glad the city is finally doing some thing about the dining decks… They are an eyesore…
especially kitchen 86… Horrible…
Lorraine Sharp
Palm Desert, CA
Sent from Lorrie's iPhone
536
537
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Sidewalk seating
Date:Thursday, May 9, 2024 3:12:05 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Susan Williams
Sent: Wednesday, May 1, 2024 9:31
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Sidewalk seating
Please allow restaurants to continue the expanded patios added during the pandemic. It allows us to
sit outside and adds to the ambiance of each restaurant.
Thanks for considering.
Susan Williams
Sent from my iPhone
538
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Restaurant deck requirements
Date:Thursday, May 9, 2024 3:11:58 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Sally Hayden
Sent: Wednesday, May 1, 2024 11:56
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Restaurant deck requirements
Dear sirs,
It was disappointing to hear of the additional requirements and restrictions you plan to impose on
restaurants on el paleo and why 111 for outside seating. These businesses have already incurred
huge losses due to pandemic. We need to support our small businesses which provide employment
and enjoyment to our community.
Thank you for. Your consideration
Sally Hayden
Sent from my iPad
539
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Big decks on El Paseo
Date:Thursday, May 9, 2024 3:11:50 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: CHERYL FRENCHI
Sent: Wednesday, May 1, 2024 13:28
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Big decks on El Paseo
To whom it may concern,
I am a long time resident of Palm Desert and truly enjoy dinning outside on the patios on El Paseo.
It seems to me after Covid the council would not try to harm the income of the business that already
took a betting during that time period. As a community we should be helping our business. This
would affect their income, plus limit the amount of people dinning at their establishments.
It doesn’t interfere with anything so I don’t understand why you want to stop the outside patios.
I sincerely hope you will reconsider taking them away .
You would be making a big mistake to our community.
Regards,
Cheryl Frenchi
30 year full time resident of Palm Desert.
Sent from my iPhone
540
From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: save the decks
Date:Thursday, May 9, 2024 3:11:44 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Donna Stone
Sent: Wednesday, May 1, 2024 14:47
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: save the decks
Only the encroaching decks on El Paseo should be removed, not others, especially the Little Bar
which does not encroach on anything but a parking lot. Please save it.
Donna & Lee Stone
Palm Desert
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From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outside patio restaurants
Date:Thursday, May 9, 2024 3:11:34 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Margeret Fritz
Sent: Wednesday, May 1, 2024 18:29
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Outside patio restaurants
So many of us have health conditions and autoimmune disorders and
these outdoor patios are the only way we can have a semi-normal life.
Covid, RSV, flu and colds are still here.
Please don't discourage restaurants from getting rid of these.
Thank you,
Margeret Fritz
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From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: El Paseo Street Dining patios
Date:Thursday, May 9, 2024 3:11:20 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Tom Walsh
Sent: Thursday, May 2, 2024 12:46
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: El Paseo Street Dining patios
To whom it may concern,
I understand that the street dining patios will need to be removed and rebuilt. This is a huge
expense for the restaurants on the street that could cause some to shut down. If the space is
eliminated it definitely will cause shutdowns. Please reconsider this move.
Respectfully,
Tom Walsh
Get Outlook for iOS
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From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw:
Date:Thursday, May 9, 2024 3:11:06 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Trudi Pressman
Sent: Thursday, May 2, 2024 16:34
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject:
To whom it may concern.
Today it came to my attention, while having lunch at Sweet Basil that you are planning to
remove all patios on El Paseo. I wholeheartedly DISAGREE with that undertaking. El Paseo
has changed a lot over the years and many people now come to the beautiful blvd. to relax and
dine out in the open with their friends and family. Removing the patios would not only be a
huge expense for the dining establishments, but it would make El Paseo drab and more
desolate. The bulk of the activity on El Paseo and the big draw is the outdoor dining, it adds a
cheerful and happy atmosphere to otherwise boring and hot sidewalks. Once people dine or
have beverages they then walk and shop. This is essential to get people in the local shops. It
also gathers a large amount of people who would otherwise go elsewhere.
Please reconsider this drastic move.
Thank you
Trudi Pressman
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From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Save the Decks
Date:Thursday, May 9, 2024 3:11:02 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Marsha Ferm
Sent: Friday, May 3, 2024 8:12
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Save the Decks
Love outdoor dining. Motivates our choice of restaurants.
More restaurant seating = more sales.
Employs more restaurant personnel thus more income/taxes.
It’s not brain surgery to figure out deck dining is a great thing.
Marsha Ferm
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From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Small Business Support
Date:Thursday, May 9, 2024 3:11:00 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: JIm Burke
Sent: Friday, May 3, 2024 10:26
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Small Business Support
As long term residents of Palm Desert we believe in supporting small businesses.
During the COVID years small restaurants were allowed to build outdoor structures on El Paseo to
survive.
The idea worked to the point that the restaurants now survive because the additional seating offsets
today’s costs.
Asking these small businesses to break down and then reinstall their outdoor structures to
accommodate a paving project will drive some of them out of business.
We suggest two alternatives. Why not pave to the edge of the existing structures? A second
suggestion is for the city to absorb the costs of the removal and reinstatement.
It seems to us that the first suggestion is a win\win solution. The second alternative shifts the cost to
an entity capable of absorbing it.
Both solutions preserve small businesses. We certainly do not need more vacancies on our flagship
street.
Respectfully
Judy Blossom and James Burke
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Sent from my iPhone
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From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Big Decks - Heck Yes!
Date:Thursday, May 9, 2024 3:10:45 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From:
Sent: Saturday, May 4, 2024 7:15
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Big Decks - Heck Yes!
#welikebigdecks #outdoordining #unitepalmdesert #theonegoodthingaboutcovid
#savethediningdecks #parklets
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From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outdoor eating
Date:Thursday, May 9, 2024 3:10:41 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: Kathy Mieske
Sent: Sunday, May 5, 2024 9:42
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Outdoor eating
Hello,
I hope you people at the city are listening to what the public wants. The
outdoor eating areas are necessary and essential for the restaurants. The
owners have invested their money into these areas and are still struggling
to recover from the pandemic.
We don't need more empty business along the Paseo.
Give these restaurant owners a break and revisit in 2 years.
Thank you.
Hank and Kathy
, Palm Desert
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From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Sidewalk dining
Date:Thursday, May 9, 2024 3:10:24 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: James Jones
Sent: Monday, May 6, 2024 13:19
To: Community Relations <CommunityRelations@palmdesert.gov>
Subject: Sidewalk dining
Dear City Managers:
Having dinner on the El Paseo last evening, we were told that the city will begin permitting
outdoor dining, (after first removing the structures that protect us from the moronic drivers
and motorcycles on that street,) then upon permitting they can be rebuilt. This is too early to
go back to business as usual….covid and rsv are not gone and you can bet that another virulent
virus will emerge to bite us all again.
Restaurants with outdoor dining and takeout saved the El Paseo over that last three years.
They generated a great deal of revenue when most shops were closed. Now you want to
punish those same restaurants (actually even unfairly discriminate) with very expensive
permitting and the cost of tearing out and replacing some very nice structures that added great
detail to the El Paseo. This is very poor treatment to mostly small business owners who
struggled to make ends meet daily during covid. They are an asset to our community and
deserve better.
I suggest Palm Desert place a moratorium on this permitting scheme for two years while we
determine if covid is really gone and pandemics are no longer a threat. Keep the revenue
coming in for the Restaurants so they can catch up and prepare for a process that will have a
dramatic impact on their business.
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From:Ryland Penta
To:CouncilMeeting Comments
Subject:Fw: Outdoor Dining Deck Program
Date:Thursday, May 9, 2024 3:10:15 PM
Attachments:pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png
Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
rpenta@palmdesert.gov | 760.776.6318 | www.palmdesert.gov
From: OWEN WHITEHALL
Sent: Wednesday, May 8, 2024 13:09
To: Community Relations <CommunityRelations@palmdesert.gov>
Cc:
Subject: Outdoor Dining Deck Program
Hello, my name is Owen Whitehall. My wife and I own a property in Palm Desert and spend
the winter and spring here. We love this city and all that it has to offer. It's truly a unique
place and has earned the accolades it receives.
We like many others enjoy El Paseo for its shops and restaurants. We eat out at least 3-4 times
a week and typically it will be at one of the locations on El Paseo. The one good thing that
came from the COVID days is the outdoor dining patios/decks that many businesses installed.
Given the weather here in the desert, it truly improved many of these businesses and added
capacity for them as well.
We have gotten to know many of the owners/managers of these restaurants here in PD. We
share their concerns on the timing and costs associated with your proposed changes. In
addition, we understand there is a proposal to pave El Paseo, which seems unnecessary given
the condition of the roadway.
It would only seem prudent to delay both of these programs until a better plan is in place,
more information obtained and a fair amount of notice to allow businesses to budget and plan
for such programs.
Sincerely,
Owen Whitehall
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Lucero Leyva, Senior Project Manager
REQUEST: REQUEST FOR DIRECTION ON PROJECT CST00002 WALK AND ROLL
PD (PHASE 3)
RECOMMENDATION:
Provide direction on Project CST00002 – Walk and Roll PD (Phase 3) scope of work and
approve staff recommendations as outlined in the staff report.
BACKGROUND/ANALYSIS:
On March 23, 2023, the City Council approved the Walk and Roll PD Implementation Plan, which
categorized the project into three major phases:
Phase 1 – Addition of Shared Lane Markings “Sharrows”
Phase 2 – Additional Bike Lanes
Phase 3 – Additional Sidewalk and Crosswalks
Phase 3 improvements focus on the addition of sidewalks and crosswalks on streets like De
Anza Way, Catalina Way, San Gorgonio Way, San Pascual Avenue, Fairhaven Avenue , and
San Juan Drive. Walk and Roll is a program that adds sidewalks and bike lanes for better
connectivity.
Community Engagement Feedback:
Michael Baker International, Inc. (MBI), the city’s design consultant for this project, was able to
create alternative design options for most of the streets listed above. Staff organized and held
four community engagement events to better inform the final design and scope of work for this
project. The majority of the meetings were held at on -site locations that would make it easily
accessible for residents to provide input.
February 29th at Council Chambers
April 9th at 43822 Fairhaven Drive at Vista Bonita
April 10th at 73750 Catalina Way, Outside the Joslyn Center
April 16th at 44550 San Carlos Avenue, Palma Village Park
Overall, staff estimates about 60+ residents participated in our outreach efforts. Below is a
summary of the top recommendations and preferences expressed by the majority of those in
attendance:
Remove San Juan Drive sidewalk from the scope of work
Return affected areas to original/similar conditions (i.e. if th e city removes fences in
R/W, the city will install a similar fence type alongside the sidewalk)
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City of Palm Desert
(Request for Direction – Walk and Roll Phase 3)
Page 2 of 2
Protect on-street parking
Consider the addition of traffic calming measures
Staff Recommendations:
Based on the community feedback received and staff analysis, staff is requesting City Council
approve the following recommendations regarding the Walk and Roll PD project:
Proceed with the Walk and Roll PD project with the following considerations:
o Exclude the addition of sidewalks on San Juan Drive
o Coordinate the reinstallation of fences/landscaping where needed
o Evaluate and include traffic calming measures where possible, to include but is not
limited to:
Narrow the streets
Speed Cushions (temporary measure)
Speed Feedback Signs
Stop Signs (Stop Warrant Analysis)
Rapid Flashing Beacons at Crosswalks
Staff plans to communicate the final design with residents before beginning construction, at a
later date.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
The Walk and Roll PD project is included in the Fiscal Year 2023 -2024 through 2024-2025
budgets as shown in the table below. Measure A Fund is the source of this project; therefore,
there is no financial impact to the City’s general fund.
Funds Account Fiscal Year Budget Expenditures Balance
Measure A* 2134633-5000103
FY 23/2024 $ 2,291,223 $ 427,227 $ 1,919,424
FY 24/2025 $ 2,500,000 - -
Total $ 4,791,223 $ 427,227 $ 4,363,996
*Staff is actively pursuing grant funding opportunities.
ATTACHMENTS:
1. ATP Letter – April Meetings
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C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-0611
INFO@PALMDESERT.GOV
Dear Residents,
As a part of our ongoing efforts to enhance our community's active transportation infrastructure, we invite
you to participate in upcoming community engagement events taking place in your neighborhood
regarding the City’s Walk & Roll project. This project aims to create safer and more accessible sidewalks
throughout Palm Desert, aligning with the objectives in the City's General Plan.
The following streets have been identified for improvement:
• San Juan Drive & Fairhaven Drive from Parkview to Fred Waring
• San Gorgonio Way from Monterey to San Pablo
• De Anza Way from San Pablo to Portola
• Catalina Way from San Pablo to Portola
• San Pascual Avenue from Alessandro to Fred Waring
These improvements will require changes to the public right-of-way, including the removal of
landscaping and fencing and/or modifications to the on-street parking. To ensure that all affected
residents are well-informed and have scheduled opportunities for you to provide input, in your
neighborhood. We encourage you to join us at one of the following times and locations:
Date: April 9th
Time: 6:00 p.m.
Location: 43822 Fairhaven Dr at Vista Bonita
Date: April 10th
Time: 6:00 p.m.
Location: 73750 Catalina Way, Outside the Joslyn Center
Date: April 16th
Time: 6:00 p.m.
Location: 44550 San Carlos Ave, Palma Village Park
If you cannot attend the meeting in your area, feel free to attend any of the other two meetings. During
these events, city staff will provide detailed information about the project and its potential impacts. Your
participation and feedback are crucial in ensuring that the project's design and implementation reflect the
needs and preferences of our community.
If you have any questions or need further assistance, please don't hesitate to contact Lucero Leyva, Project
Manager for the City of Palm Desert, at lleyva@palmdesert.gov. You’re also welcome to leave feedback on
the active transportation page on www.EngagePalmDesert.com. Thank you for your attention to this
matter. We look forward to seeing you at the upcoming community events.
Sincerely,
Ryland Penta
Community Relations Supervisor
City of Palm Desert
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Amy Lawrence, Deputy Director of Economic Development
REQUEST: REQUEST FOR DIRECTION ON THE PALM DESERT COMMUNITY
GALLERY
RECOMMENDATION:
Provide staff with direction on the Palm Desert Community Gallery located in the North Wing
Building at Palm Desert City Hall.
BACKGROUND/ANALYSIS:
With Visitors Services relocating to the new Library in July, staff is requesting direction as to if
the North Wing building should remain a public art gallery. The Palm Desert Community Gallery
has been in operation for over 25 years, serving as the home to rotating art exhibitions for local
artists and the annual Student Art and Essay Contest. The gallery went on hiatus in March of
2020 due to the COVID pandemic and reopened in August 2023. In November 2023, Palm
Desert’s historic timeline was wrapped on the walls in the gallery where it has remained due to
its visual value for those coming to get information on Palm Desert and the surrounding area
from Visitors Services staff.
With Visitors Services relocating to the Library, the North Wing building will see minimal foot
traffic as it will only remain open to those doing business with the Finance and Housing
Departments and attending meetings in the North Wing Conference Room. Given the extensive
staff time that it takes to curate the community gallery (i.e. release an annual Call for Artists,
review proposals with the Cultural Arts Committee, coordinate a schedule of exhibitions with
selected artists, hang the exhibitions, host receptions, etc.), together with the fact that the
Student Art and Essay Contest will now be exhibiting at UCR Palm Desert Center in future years
given that the awards ceremony has outgrown City Hall and the Council Chamber, staff sees
benefit in ceasing gallery operations at City Hall.
Therefore, staff is seeking direction on one of the following options related to the Palm Desert
Community Gallery:
1. Continue operation of the Community Gallery.
2. Cease operation of the Community Gallery and keep the historic timeline up.
3. Cease operation of the Community Gallery and place other permanent artwork to be
determined (e.g. photographs of wildflowers and other desert scenes).
4. Cease operation of the Community Gallery and place Desert Spirit by John Richen and
other permanent artwork.
If option four is selected, staff recommends placement of the artwork entitled Desert Spirit by
artist John Richen that was accepted for donation by the City Council in July of 2022 for
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City of Palm Desert
Request for Direction on the Palm Desert Community Gallery
Page 2 of 2
placement at City Hall. The artwork is made of stainless steel and bronze, measures 42” wide x
72” tall, and has an approximate value of $32,500.00 to $35,000.00. The artwork was originally
going to be installed in the Development Services lobby after its renovation; however, since there
are two walls that require artwork in that lobby, a decision was made to release a call for artists
to commission two similar artworks (that project is currently underway).
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
Funding to maintain the Palm Desert Community Gallery does not impact the Genera l Fund as
it is paid for from the Public Art Budget. The approximate cost per year is about $1,500. If the
option for permanent artwork is selected, staff estimates costs could range from $2,000 to
$5,000, inclusive of installation, depending on the type of art.
ATTACHMENTS:
1. Photos of Desert Spirit by artist John Richen
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Erica Powell, Management Analyst
REQUEST: APPROVE A TWO-YEAR EXTENSION TO THE PALM DESERT POET
LAUREATE AGREEMENT
RECOMMENDATION:
Approve a two-year extension to the Palm Desert Poet Laureate Agreement with Lori Davis.
BACKGROUND/ANALYSIS:
At its regular meeting of March 9, 2023, the City Council appointed Mayor Quintanilla and Mayor
Pro Tem Harnik to a subcommittee to form a selection process for a City Poet Laureate. This
honorary position was created to uplift the artistic achievement of the City of Palm Desert through
active participation in ceremonial, educational, and community activities.
After a four month long competitive application and performance process which included
selection by a qualified panel, at its regular meeting of September 14, 2023, the City Council
unanimously appointed Palm Desert resident Lori Davis as the City’s Poet Laureate for a one -
year term from October 1, 2023, through September 30, 2024.
Since her appointment, Ms. Davis has successfully completed four (4) of the six (6) duties under
the scope of work:
Recited an original poem for the City of Palm Desert’s 50th Anniversary Celebration on
November 18, 2023
Performed a reading at the City’s Veteran’s Day Ceremony on November 11, 2023
Selected and is mentoring a junior poet laureate
Proposed and executed a successful poetry workshop and reading at the Palm Desert
Library on April 8, 2024
The two remaining events under the scope of work are to perform readings at the following
events:
State of the City on June 25, 2024
Independence Day Celebration on July 4, 2024
In addition to her current scope of work, Ms. Davis has proposed to build community
programming for poets and writers by offering the following:
Monthly workshops from November through April
Open mic evenings
Youth programming: 2-3 events from November through April
Poetry projection on buildings for City events
Public poetry at the Civic Center Park
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City of Palm Desert
Approve Two (2) Year Extension for City of Palm Desert Poet Laureate
Page 2 of 2
Holding an event for National Poetry Month
With the successful program development of the current Poet Laureate, recent selection and
mentoring of a junior laureate and more community programming, staff is recommending a two
(2) year extension to the agreement with Lori Davis to serve as Palm Desert’s Poet Laureate.
If this extension is approved, prior to the end of Ms. Davis’ agreement in September 2026, staff
will request direction from the City Council as to if they would like to continue the program and if
so, another call for nominations will be sent out.
FINANCIAL IMPACT:
If approved, Ms. Davis would continue to receive an annual honorarium of $3,500, paid quarterly,
as well as mileage expenses to and from events. Funds have been requested as part of the FY
2024/2025 Public Art Budget – Account No. 4364650-4309200.
ATTACHMENTS:
1. Call for Nominations 2023-2024 Poet Laureate
2. Lori Davis’ Application
3. Palm Desert – City of Warmth and Light by Lori Davis
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City of Palm Desert
Poet Laureate
Call for Nominations
(DEADLINE FOR ENTRIES – June 30, 2023)
STATEMENT OF PURPOSE:
The City of Palm Desert is accepting nominations for the position of Palm Desert Poet
Laureate for the 2023-2024 term. The appointed Laureate shall:
• Uplift the artistic achievement of the City and local communities through active
participation in ceremonial, educational, and/or community activities.
• Raise awareness of the power and beauty of poetry.
• Provide access to poetry, spoken word and the literary arts within the City of
Palm Desert.
• Encourage community members to develop their own creative interests.
ABOUT THE POSITION:
The Poet Laureate for the City of Palm Desert is an honorary position. The Laureate
serves a one-year term from October 2023 – September 2024.
The City will award the Poet Laureate an annual honorarium of $3,500 to encompass all
civic and official work performed or produced in the position. The Laureate may also be
offered reimbursement of mileage expenses.
ELIGIBILITY:
Any organization or member of the Palm Desert community may nominate a poet, self-
nominations are welcome.
Candidates must:
• Be at least 18 years of age.
• Be a resident of Palm Desert for at least one (1) year.
• Be a primary Palm Desert resident during the appointment term.
• Demonstrate publication of poems, via print or online platforms, including social
media.
• Demonstrate a connection and/or commitment to the literary community.
• Demonstrate excellence in promoting awareness or enjoyment of poetry by
special awards, honors, or recognition.
• Understand and embrace the City’s culture and history with a strong interest in
serving and being a representative of the City.
• Demonstrate the ability to engage audiences.
• Be able and willing to travel between locations around the city.
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May 2023 – Poet Laureate
Call for Nominations
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EXPECTATIONS:
In addition to the Statement of Purpose, the Poet Laureate shall be expected to perform
the following duties:
Ceremonial:
The Poet Laureate will participate in at least five (5) civic functions, including but not
limited to the following:
• Veterans Day observed event, November 11, 2023
• State of the City, date TBD in 2024
• Independence Day Celebration, July 4, 2024
Additionally, the Poet Laureate shall aim to create a City poem that will be read at the
City of Palm Desert’s 50th Anniversary Celebration on November 18, 2023, and
published on the City’s website.
Educational:
The Poet Laureate shall select and mentor a junior poet laureate from a Palm Desert
local elementary, middle, or high school.
Community:
The Poet Laureate shall propose and execute at least one (1) community outreach
event during their term, to make poetry available and accessible to people in their
everyday lives.
Communication:
The Poet Laureate shall:
• Work with City staff to develop and produce online and social media
communications.
• Provide regular updates to the Cultural Arts Committee, including where and
when presentations take place.
• End of Term Summary: Summarize her/his impressions and experiences
during their term as Poet Laureate (including workshops, readings, judging of
competitions, publication, etc.) to help the City of Palm Desert improve, adjust
or adapt the parameters of the position and/or the appointment process.
NOMINATION SUBMISSION MATERIALS:
Nominations should demonstrate the nominee’s artistic accomplishments, a history of
community involvement, and a vision for the program during his/her term. Eligible
candidates can be nominated for the position by submitting the following:
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May 2023 – Poet Laureate
Call for Nominations
Page 3 of 3
• A letter of nomination describing, in 500 words or less, why you feel you (or the
person you are nominating) are the most appropriate candidate for the City of
Palm Desert Poet Laureate.
• Three original works of poetry by the nominee.
• The nominee’s current resume or CV.
• A current list of publications and any teaching experience.
• Any relevant social media handles and/or website.
• Poet Laureate candidate information including address, phone number, and
email address. If nominating, please include your contact information.
REVIEW CRITERIA AND PROCESS:
Submissions are reviewed by the Poet Laureate Jury Panel. The Jury Panel will consist
of the City Council Cultural Arts Committee Liaison, the Chair of the Cultural Arts
Committee, a representative of the Palm Desert Public Library, a representative from
the Creative Writing and Writing for the Performing Arts Committee at UCR Palm Desert
Center, a member from the creative community, as well as a member of the English
department at College of the Desert. The panel will select three top candidates based
upon the following criteria:
• Artistic merit, including publication history.
• Quality of work/creative excellence, including aural facility.
• Community commitment to cultural life and literary community.
• Ability of effectively inspire and engage others.
The Poet Laureate shall be appointed by the Palm Desert City Council based upon the
recommendation of the Poet Laureate Jury Panel.
TIMELINE:
The following dates represent the schedule that will be followed. The City reserves the
right, at its sole discretion, to adjust this schedule, as it deems necessary.
May 8, 2023 Call for Submissions released
June 30, 2023 Deadline to apply.
July 2023 Review of applications
August 2023 Interviews for final candidates
September 14, 2023 Recommendation to City Council
September 2023 Contracting
October 2023 City Poet Laureate term begins
October 2024 City Poet Laureate term ends
Completed applications must be submitted by Friday, June 30, 2023, at 11:59 p.m. PST
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May 2023 – Poet Laureate
Call for Nominations
Page 4 of 4
Nominations may be submitted online (http://www.palmdesert.gov/connect/poet-laureate), by
email to epowell@palmdesert.gov or mailed to the address below. Materials will not be
returned. Online applications are strongly encouraged.
City of Palm Desert
C/O Poet Laureate Jury Panel
Attn: Erica Powell
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
INFORMATION:
For more information, please contact Erica Powell, Management Analyst, at
epowell@palmdesert.gov or (760) 776-6346.
582
LORI DAVIS
Palm Desert, CA
Writer, Educator, Designer
MFA in Creative Writing 〡20+ Years in Education 〡Avid Graphic Designer
As a highly experienced and motivated educator and designer, I am attracted to the intersection where
creativity and authentic solutions meet. My professional experiences have given me a deep understanding
of a variety of communities and exigencies, including both youth and adult demographics. I take pride in
meticulously designing effective learning and marketing solutions by focusing on engagement, available
technologies, ease-of-use, and visual appeal – always with an equitable, human-centered approach in mind.
As an employee, I am a good fit where operational and educational best practices are expected and
honored, and clearly make a difference in the lives of those being served.
TECHNICAL PROFICIENCIES
Canva〡Microsoft Office Suite〡Google Workspace〡Google Classroom LMS〡Canvas LMS〡Miro
Adobe Premiere〡Powtoons〡Trello〡Screencastify〡Schoology〡Socrative〡Formative〡Loom
PROFESSIONAL EXPERIENCE
CREATE Center for the Arts | Palm Desert, California 2022 - 2023
Marketing & Development, Programming
●Social media content and email marketing development and strategies
●Designed monthly newsletter
●Programing events, workshops, and high school intern program
●Fundraising, grant writing
Xavier College Preparatory High School | Palm Desert, California 2007 – 2022
English Teacher | Grades 9-12 | English Department Chair
●Broad experience in face-to-face, blended, hybrid, synchronous, and asynchronous learning modalities
●Regularly applied learner-centered, evidence-based learning theory to course design
●Delivered lessons and modules via learning management systems (Canvas LMS, Google Classroom)
●Measured and evaluated student achievement based on learning objectives
●Adapted instructional materials to meet varied needs, including students with learning, medical, and
psychological accommodations
●Developed a “dual enrollment” creative writing college course for Saint Louis University
●Ongoing diversity and SEL training
●Facilitated “ShookFoil Poetry Reading Series & Open Mic” for 14 years.
California Association of Teachers of English (CATE) Conferences 2019 and 2020
Conference Presenter/Speaker
●Voices Of Literacy In Pursuit Of Human Rights - San Francisco
●LA Confidential: Investigating Teaching, Texts, & Truths - Los Angeles
Writers in the Schools (WITS), University of California, Riverside | California 2007
Curriculum Designer | Adult Trainer
●Trainer for professional writers hired to teach in Coachella Valley schools
●Created the training program, handbook, and workshops
●Presented learning styles and strategies for incorporation into lesson plans
●Managed the partnerships between the WITS writers and classroom teachers 583
Gneiss Poetry Series | Palm Desert, California 2001 – 2007
Poetry Reading Series Host and Organizer
●Organized and hosted the monthly reading series featuring nationally known poets
●Provided local poets a venue to share their work in the open mic
Palm Springs Desert Museum | Palm Springs, California 2004 – 2005
Poetry Reading Series Host and Organizer
Organized and hosted the monthly reading series featuring regional and nationally known poets
Tools for Tomorrow | Coachella Valley, California 2002 – 2004
Curriculum Designer
●Developed creative writing curriculum for the after school arts program
●Served on the advisory committee and the board of directors
●Edited yearly writing and art anthology for multiple elementary schools
●Designed monthly newsletter
EDUCATION AND CERTIFICATIONS
University of California, Riverside - Palm Desert Center | Palm Desert, California 2012
Master of Fine Arts in Creative Writing - Poetry
Cross Genre: Creative Nonfiction
California State University, Long Beach | Long Beach, California 1985
Bachelor of Arts - Radio / Television / Film
Additional Art Courses:
Fundamentals of Art
Color Theory
Two-Dimensional Designs
Three-Dimensional Forms
Drawing / Life Drawing
Teaching Credential: Clear California Multiple Subject K - 12 | State of California
State of California Commission on Teaching Credentialing
ID Document #: 070326340
District Teacher Intern Program | Los Angeles Unified School District
MBSR - Mindfulness Based Stress Reduction Certification | Mindful Leader - October 2022
ADDITIONAL EXPERIENCES
●Guest poet at University of California, Los Angeles Extension Classes
●Organized and hosted the Poetry Stage at the Palm Springs Book Festival in 2006 and 2007
●Facilitated writing and poetry workshops and readings for The Braille Institute, Indio Senior Center,
Coachella Valley Cultural Center & Museum, Palm Springs Art Museum, PEN America, and local events
●National poetry publications include:Salt Hill, Atlanta Review, Green Mountains Review, Laurel Review
●Studied poetry in Prague, Czech Republic and Inuit poetry in Ilulissat, Greenland
●Published Poetry Chapbook:White Dime,Caernarvon Press, San Diego
●Squaw Valley Community of Writers Poetry Workshop
●Yearly attendance at the Associated Writers Program (AWP) National Conference
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Lori Davis,Poet -Acknowledgements
List of publications in which these poems,or versions of them,have appeared:
Atlanta Review (Atlanta,GA):“After the Diagnosis”
Cider Press Review (San Diego,CA):“White Dime”
Cimmarron Review (Oklahoma State University):“The Woodcutter”
Cream City Review (University of Wisconsin):“Telling:Another Way of Saying,”“Dandelion,”
“The Stranger Experiment”
Hayden’s Ferry Review (Arizona State University):“Caring For Your Spider Plant”
Mosaic (University of Manitoba):“It Was the Earth’s Fault the House Caved”
Salt Hill (Syracuse University):“Oceanography”
The Laurel Review (Missouri State University):“Trickle Irrigation System,”“User Assumes All Risk”
Green Mountains Review (Northern Vermont University):“We Take Turns Telling Each Other What to Do”
Inlandia Anthology (Heyday Books):“A Good Cry,”“Ambiance Report:8:30 AM Off the I-10”
Blue Arc West,California Poets (Tebot Bach):“On a Scale Between 1 and 10 (10 Being Best)”
Poetry Chapbooks
Opals &Oranges,Gneiss Poetry Press,Palm Desert
White Dime,Caernarvon Press,San Diego
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6/12/23, 1:18 PM Poet Laureate Application 2023
Poet Laureate Application 2023
Submitted by: Anonymous user
Submitted time: Jun 11, 2023, 10:44:23 PM
Poet Name:
Lori Davis
Poet Email Address:
Poet's Social Media Links: (if applicable)
Instagram: https://www.instagram.com/sorestedshe/
Facebook: https://www.facebook.com/lori.n.davis.5/ (many poetry-related entries)
Poet Phone Number:
Poet Address:
Palm Desert, CA, 92260, USA
Eligibility:
At least 18 years of age.
Resident of Palm Desert for at least one (1) year.
Ability to remain a resident during the term of October 2023 - September 2024
Letter of Nomination
Please upload a minimum of 3 poems: (maximum of 5)
Please upload a current Resume or Curriculum Vitae (CV):
Candidate Letter for Poet Laureate 2023.pdf
72.1KBPDF
55.1KBPDF
23.3KBPDF
73.1KBPDF
56.5KBPDF
61.1KBPDF
Lori Davis - Resume 2023.pdf
95.8KBPDF
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6/12/23, 1:18 PM Poet Laureate Application 2023
Please provide an overview of publication history:
Commitment to the literary community:
In 2003, I selfishly started a poetry reading series and open mic event as a way to bring interesting writers to me when I moved here. We held the first events at
La Gourmandise at the Gardens on El Paseo. Then moved to Augusta Restaurant's penthouse. Eventually, we landed at UC Riverside - PD campus. The events
featured local and nationally known poets and were well attended (by most poetry standards). After hosting readings, book fairs, and teaching poetry workshops
at many valley institutions and schools, I realized I had a developed a personal poetry mission statement: to create ways to get people to run toward poetry,
instead of away! This is still actively my passion. My most recent series has been at Xavier Prep, 15 years running.
City culture and interest:
I have happily lived in Palm Desert for 27 years. I raised my two children and established my professional, creative, and academic life here. As a Southern
California native, I have lived in and visited many beautiful places, but I have always felt a sense of home here in the desert. The snowy mountains surrounding
us, the wide vistas, the enduring influence of the Cahuilla Indians, the deep afternoon shadows, and the warm evenings all contribute to a more meaningful and
peaceful lifestyle. We have so much to enjoy in this area: beautiful parks, public art, higher education, sports, world class resorts, shopping and dining,
theaters, etc. Our cultural offerings are always expanding! Championing poetry over the years has been my small attempt to add to the cultural richness of our
city. I appreciate the way Palm Desert grows and changes. I like that more people are living here year round and taking advantage of the full community
calendar. It's time for more poetry to be offered!
Lori Davis - Acknowledgements - Publications.pdf
79.5KBPDF
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Candidate for the City of Palm Desert’s Poet Laureate 2023
June 11, 2023
Dear Poet Laureate Jury Panel,
I am grateful for this opportunity to apply for the position of Palm Desert’s inaugural Poet
Laureate. This city has always been committed to many forms of art, and I am delighted poetry
will be added to the list this year. I am applying because I see this role as an expanded platform
and a rare opportunity to continue the work I have been doing in Palm Desert and the wider
valley for 20 years. In addition to being a poet and getting my MFA in Poetry at the University
of California Riverside - Palm Desert, I realized early on that poetry needs every advocate it
can get. It has been a strong passion of mine to bring poetry to all ages in a way that makes
them lean in, rather than turn up their noses. Readings, workshops, book festivals, open mics,
critique groups, etc. One highlight was bringing former U.S. Poet Laureate, Billy Collins to
Xavier College Preparatory High School for our Summit on Human Dignity. The theme was
literacy and he gave a memorable public reading. The list of regional and nationally-known
poets who have visited the valley is actually quite long!
The position’s title, Poet Laureate, brings with it a legitimacy and sense of importance that will
elevate poetry in the eyes of some of our community members. For many of us, the way we
learned poetry in school was to analyze, decipher, plot rhyme schemes. No wonder the poetry
section at Barnes & Noble is one small shelf, back by the bathroom! When we really take a
moment to contemplate it, poetry is simply the artful exchange of emotion from the poet to the
reader. It is a profound, concentrated, underrated way to communicate. Over the years, I have
seen all levels of writers, ages 8 - 88, benefit from having their heart, soul, and voice heard in
this way. We can turn to poetry for help in understanding our human condition. I am really
encouraged that poetry will now be embedded in Palm Desert’s cultural plan and amplify the
creativity of the city’s residents in this way. Bravo!
Sincerely,
Lori Davis
588
A Good Cry
Climate is what you expect, weather is what you get.
Robert Heinlein
Days like this are unlikely; unheard of, actually.
The dunes didn't dissolve because of record rains.
They muddied into a mobile spackle on purpose,
as varnish for a lackluster system. In the flood water,
I see a formula where some might see a sky
floating by on its back or a puddle lit from underneath.
The arroyos are unabridged; this storm is incomplete.
The wash will soon be full of monkey flowers
and sand bells. A flute of Russian thistle.
Each seed has a long climb inside it
and rainbows are not as portable as they appear.
The barrel cactus is finished fasting inside itself,
overwhelmed by the slant of unending rain,
the abundance, this staggering convenience.
Lori Davis
589
Alt Whitman
I've been the clown. And I've been his washcloth.
I've been the botched opera. And I've been likewise ungovernable...
Revive my words and I will spill the unedited details you crave. Except for a flyswatter,
you won't need a weapon...
Hallelujah for jet propulsion.
Hallelujah for a jigsaw puzzle’s perimeter
Hallelujah for the manufacturer of trash compactors.
My house is built in mid-century hollow Easter Bunny architecture. Why did only one branch
of the ocotillo green this season? Twenty others stand brittle, bare.
These trees are full of birds I can't begin to name, and still, I am content being the least
indigenous thing in this landscape...
Let's make a bet: which cloud is about to open up and bathe the birds?
...not the one shaped like a scythe,
...not the gray one either...it’s only wind-smeared smoke.
My house is all dead bolts and peep holes and every poem is an ice-filled blister.
Blue, brown, green…the palette of our globe minus every blooming rose declaring its existence.
For the moment…but not for very long, every dish I own is clean.
590
Telling: Another Way of Saying
Every time a man unburdens his heart to a stranger...
Germaine Greer
What I suggested: Let's go over God and the universe one more time.
What I meant to say: Undercurrents are the fluid part of the same conclusion.
What I almost forgot to say: Air has no landmarks to prove we passed this way.
What you reassured me: From the sky we look down into the face of our lives.
What you admitted: I am a long distance swimmer in that river.
What I heard you say: I want to be the longest distance you've ever traveled.
What I think I told you: You feel like the part of a river that remains unfrozen.
What you heard me say: Don't be afraid. Where we are going, there is no water,
only everlasting ice.
What we didn't say: Everything seems to describe the need to.
What you said instead: Every emergency exit has two reasons.
What I think you meant: Unlocked, I understand your math.
591
We Take Turns Telling Each Other
What To Do
you told me to find a cedar tree
and touch it
I said find a dandelion
and sleep with it as intact as possible under your pillow tonight
you know I will search for the cedar tree
it takes on importance
then you said find a forest fire
and touch it
this is the engrossing part of us
you know I will feel like touching it
I said grow your beard
because I think you had one the day we met
you said go find the day we met
and don’t touch it
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